Florida Senate - 2018                                    SB 1280
       
       
        
       By Senator Steube
       
       
       
       
       
       23-00872B-18                                          20181280__
    1                        A bill to be entitled                      
    2         An act relating to involuntary commitment; amending s.
    3         393.11, F.S.; revising the composition of the
    4         petitioning commission; requiring the Agency for
    5         Persons with Disabilities to provide certain notice of
    6         eligibility determinations; requiring the court to
    7         conduct annual hearings on the continued need for
    8         involuntary placement in residential services;
    9         revising duties of the court in hearings for
   10         involuntary admission; providing for participation of
   11         a guardian or guardian advocate in placement
   12         determinations; amending s. 916.301, F.S.; revising
   13         provisions relating to court appointment of certain
   14         qualified experts to evaluate a defendant’s mental
   15         condition; amending s. 916.3012, F.S.; revising
   16         provisions governing acceptable recommended training
   17         for a defendant determined incompetent to proceed;
   18         amending s. 916.302, F.S.; requiring the court to hold
   19         a competency hearing within a specified timeframe when
   20         a defendant is competent to proceed; providing for
   21         referral of dually diagnosed defendants to the
   22         Department of Children and Families or the agency for
   23         placement in a facility; providing for transferring a
   24         defendant between the department and the agency under
   25         certain circumstances; amending s. 916.3025, F.S.;
   26         providing for the court to retain jurisdiction over
   27         certain defendants found nonrestorable to competency;
   28         amending s. 916.303, F.S.; revising provisions
   29         governing the dismissal of charges against a defendant
   30         found to be incompetent to proceed and who does not
   31         have a guardian or guardian advocate; amending s.
   32         916.304, F.S.; providing a limitation on conditional
   33         release for community-based competency training for a
   34         defendant who is incompetent to proceed; providing an
   35         effective date.
   36          
   37  Be It Enacted by the Legislature of the State of Florida:
   38  
   39         Section 1. Section 393.11, Florida Statutes, is amended to
   40  read:
   41         393.11 Involuntary admission to residential services.—
   42         (1) JURISDICTION.—If a person has an intellectual
   43  disability or autism and requires involuntary admission to
   44  residential services provided by the agency, the circuit court
   45  of the county in which the person resides has jurisdiction to
   46  conduct a hearing and enter an order involuntarily admitting the
   47  person in order for the person to receive the care, treatment,
   48  habilitation, and rehabilitation that the person needs. For the
   49  purpose of identifying intellectual disability or autism,
   50  diagnostic capability shall be established by the agency. Except
   51  as otherwise specified, the proceedings under this section are
   52  governed by the Florida Rules of Civil Procedure.
   53         (2) PETITION.—
   54         (a) A petition for involuntary admission to residential
   55  services shall may be executed by a petitioning commission
   56  unless the petition is filed pursuant to s. 916.303.
   57         (b) The petitioning commission shall consist of three
   58  persons. One of these persons shall be a physician licensed and
   59  practicing under chapter 458 or chapter 459 or a psychologist
   60  licensed under chapter 490.
   61         (c) The petition shall be verified and must:
   62         1. State the name, age, and present address of the
   63  commissioners and their relationship to the person who has an
   64  intellectual disability or autism;
   65         2. State the name, age, county of residence, and present
   66  address of the person who has an intellectual disability or
   67  autism;
   68         3. Allege that the commission believes that the person
   69  needs involuntary residential services and specify the factual
   70  information on which the belief is based;
   71         4. Allege that the person lacks sufficient capacity to give
   72  express and informed consent to a voluntary application for
   73  services pursuant to s. 393.065, does not have a guardian or
   74  guardian advocate to consent to services on his or her behalf,
   75  and lacks the basic survival and self-care skills to provide for
   76  the person’s well-being, or the person is likely to physically
   77  injure others if allowed to remain at liberty; and
   78         5. State whether a secure or nonsecure which residential
   79  setting is the least restrictive and most appropriate
   80  alternative and specify the factual information on which the
   81  belief is based.
   82         (d) The petition must be filed in the circuit court of the
   83  county in which the person who has the intellectual disability
   84  or autism resides.
   85         (3) NOTICE.—
   86         (a) Notice of the filing of the petition shall be given to
   87  the individual and his or her legal guardian. The notice shall
   88  be given both verbally and in writing in the language of the
   89  client, or in other modes of communication of the client, and in
   90  English. Notice shall also be given to the agency and such other
   91  persons as the court may direct. The petition for involuntary
   92  admission to residential services shall be served with the
   93  notice.
   94         (b) If a motion or petition has been filed pursuant to s.
   95  916.303 to dismiss criminal charges against a defendant who has
   96  an intellectual disability or autism, and a petition is filed to
   97  involuntarily admit the defendant to residential services under
   98  this section, the notice of the filing of the petition must also
   99  be given to the defendant’s attorney, the state attorney of the
  100  circuit from which the defendant was committed, and the agency.
  101         (c) The notice must state that a hearing shall be set to
  102  inquire into the need of the person who has an intellectual
  103  disability or autism for involuntary residential services. The
  104  notice must also state the date of the hearing on the petition.
  105         (d) The notice must state that the individual who has an
  106  intellectual disability or autism has the right to be
  107  represented by counsel of his or her own choice and that, if the
  108  person cannot afford an attorney, the court shall appoint one.
  109         (4) AGENCY PARTICIPATION.—
  110         (a) Upon receiving the petition, the court shall
  111  immediately order the agency to examine the person being
  112  considered for involuntary admission to residential services to
  113  determine if the person is eligible for agency services.
  114         (b) Following examination, the agency shall file a written
  115  report with the court at least 10 working days before the date
  116  of the hearing. The report must be served on the petitioner, the
  117  person who has the intellectual disability or autism and his or
  118  her guardian or guardian advocate if one has been appointed, and
  119  the person’s attorney at the time the report is filed with the
  120  court.
  121         (c) The report must contain the findings of the agency’s
  122  evaluation, any recommendations deemed appropriate, and a
  123  determination of whether the person is eligible for services
  124  under this chapter. If the agency determines the person is not
  125  eligible for agency services, the agency shall provide written
  126  notification of its eligibility determination to the person or
  127  his or her attorney, and the person shall have a right to appeal
  128  that determination under the Medicaid fair hearing process in s.
  129  393.125. The agency must also notify the person or his or her
  130  attorney that the person may appeal the agency determination
  131  under the procedures in s. 393.125. In such circumstance, the
  132  proceeding for the petition of involuntary admission to
  133  residential services under this section shall be stayed pending
  134  the outcome of any appellate proceeding.
  135         (5) EXAMINING COMMITTEE.—
  136         (a) If the agency examination determines the person is
  137  eligible for agency services Upon receiving the petition, the
  138  court shall immediately appoint an examining committee to
  139  examine the person being considered for involuntary admission to
  140  residential services provided by the agency.
  141         (b) The court shall appoint at least two, but no more than
  142  three, qualified experts who must be disinterested in the
  143  outcome of the proceeding and who meet the requirements for a
  144  qualified evaluator as defined in paragraph (15)(d) three
  145  disinterested experts who have demonstrated to the court an
  146  expertise in the diagnosis, evaluation, and treatment of persons
  147  who have intellectual disabilities or autism. The committee must
  148  include at least one licensed and qualified physician, one
  149  licensed and qualified psychologist, and one qualified
  150  professional who, at a minimum, has a master’s degree in social
  151  work, special education, or vocational rehabilitation
  152  counseling, to examine the person and to testify at the hearing
  153  on the involuntary admission to residential services.
  154         (c) Counsel for the person who is being considered for
  155  involuntary admission to residential services, and counsel for
  156  the petition commission, counsel from the state attorney in
  157  cases arising out of chapter 916, and counsel for the agency has
  158  the right to challenge the qualifications of those appointed to
  159  the examining committee.
  160         (d) Members of the committee may not be employees of the
  161  agency or be associated with each other in practice or in
  162  employer-employee relationships. Members of the committee may
  163  not have served as members of the petitioning commission.
  164  Members of the committee may not be employees of the members of
  165  the petitioning commission or be associated in practice with
  166  members of the commission.
  167         (e) Each member of the committee shall prepare a written
  168  report for the court. Each The report must explicitly document
  169  the extent that the person meets the criteria for involuntary
  170  admission. Each The report, and expert testimony, must include,
  171  but not be limited to:
  172         1.The degree of the person’s intellectual disability or
  173  autism and whether, using diagnostic capabilities established by
  174  the agency, the person is eligible for agency services;
  175         1.2. Whether, because of the person’s degree of
  176  intellectual disability or autism, the person:
  177         a. Lacks sufficient capacity to give express and informed
  178  consent to a voluntary application for services pursuant to s.
  179  393.065, does not have a guardian or guardian advocate to
  180  consent to services on his or her behalf, and lacks basic
  181  survival and self-care skills to such a degree that close
  182  supervision and habilitation in a residential setting is
  183  necessary and, if not provided, would result in a threat of
  184  substantial harm to the person’s well-being; or
  185         b. Is likely to physically injure others if allowed to
  186  remain at liberty.
  187         2.3. The purpose to be served by residential services.
  188  care;
  189         3.4. A recommendation on the type of residential placement
  190  which would be the most appropriate and least restrictive for
  191  the person, including an assessment of the need for secure
  192  placement if, in the opinion of the examining committee members,
  193  the person presents a danger to others.; and
  194         4.5. The appropriate care, habilitation, and treatment for
  195  the person with the intellectual disability or autism which is
  196  within the agency’s responsibilities under this chapter.
  197         (f) Each The committee member shall file the report with
  198  the court at least 10 working days before the date of the
  199  hearing. The report must be served on the petitioner, the person
  200  who has the intellectual disability or autism and his or her
  201  guardian or guardian advocate if one has been appointed, the
  202  person’s attorney at the time the report is filed with the
  203  court, and the agency.
  204         (g) Members of the examining committee shall receive a
  205  reasonable fee to be determined by the court. The fees shall be
  206  paid from the general revenue fund of the county in which the
  207  person who has the intellectual disability or autism resided
  208  when the petition was filed.
  209         (6) COUNSEL; GUARDIAN AD LITEM.—
  210         (a) The person who has the intellectual disability or
  211  autism must be represented by counsel at all stages of the
  212  judicial proceeding, including annual hearings under subsection
  213  (15) which require a court to determine the continued need for a
  214  person’s involuntary placement resulting from an involuntary
  215  admission to residential services. If the person is indigent and
  216  cannot afford counsel, the court shall appoint a public defender
  217  at least 20 working days before the scheduled hearing. The
  218  person’s counsel shall have full access to the records of the
  219  service provider and the agency. In all cases, the attorney
  220  shall represent the rights and legal interests of the person,
  221  regardless of who initiates the proceedings or pays the attorney
  222  fee.
  223         (b) If the attorney, during the course of his or her
  224  representation, reasonably believes that the person who has the
  225  intellectual disability or autism cannot adequately act in his
  226  or her own interest, the attorney may seek the appointment of a
  227  guardian ad litem. A prior finding of incapacity incompetency is
  228  not required before a guardian ad litem is appointed pursuant to
  229  this section.
  230         (7) HEARING.—
  231         (a) The hearing for involuntary admission shall be
  232  conducted, and the order shall be entered, in the county in
  233  which the petition is filed. The hearing shall be conducted in a
  234  physical setting not likely to be injurious to the person’s
  235  condition. When a petition for involuntary admission to
  236  residential services is considered at a hearing, the court must
  237  consider whether there is an alternative to involuntary
  238  commitment under this section that will sufficiently address the
  239  person’s need for residential services. The court shall use the
  240  least restrictive means available to assist a person who is
  241  subject to a petition for involuntary admission to residential
  242  services. The court shall determine if the person has a guardian
  243  or guardian advocate and the scope of the authorized powers of
  244  the guardian or guardian advocate to make decisions regarding
  245  the residence, medical treatment, or other services necessary to
  246  sufficiently address the needs of the person.
  247         (b) A hearing on the petition must be held as soon as
  248  practicable after the petition is filed, but reasonable delay
  249  for the purpose of investigation, discovery, or procuring
  250  counsel or witnesses shall be granted.
  251         (c) The court may appoint a general or special magistrate
  252  to preside. Except as otherwise specified, the magistrate’s
  253  proceeding shall be governed by the Florida Rules of Civil
  254  Procedure.
  255         (d) The person who has the intellectual disability or
  256  autism must be physically present, either in person or by
  257  contemporaneous video communication technology, throughout the
  258  entire initial proceeding on the petition for involuntary
  259  admission to residential services. In accordance with Rule
  260  1.451, Florida Rules of Civil Procedure, the court may authorize
  261  testimony at the hearing by contemporaneous audio or video
  262  communication technology upon agreement of the parties or for
  263  good cause shown by written request of one party and by giving
  264  reasonable notice to all other parties. If the person’s attorney
  265  believes that the person’s presence at the hearing is not in his
  266  or her best interest, the person’s presence may be waived once
  267  the court has seen the person and the hearing has commenced.
  268         (e) The person has the right to present evidence and to
  269  cross-examine all witnesses and other evidence alleging the
  270  appropriateness of the person’s admission to residential
  271  services care. Other relevant and material evidence regarding
  272  the appropriateness of the person’s admission to residential
  273  services; the most appropriate, least restrictive residential
  274  placement; and the appropriate care, treatment, and habilitation
  275  of the person, including written or oral reports, may be
  276  introduced at the hearing by any interested person.
  277         (f) The petitioning commission may be represented by
  278  counsel at the hearing. The petitioning commission shall have
  279  the right to call witnesses, present evidence, cross-examine
  280  witnesses, and present argument on behalf of the petitioning
  281  commission.
  282         (g) All evidence shall be presented according to chapter
  283  90. The burden of proof shall be on the party alleging the
  284  appropriateness of the person’s admission to residential
  285  services. The burden of proof shall be by clear and convincing
  286  evidence.
  287         (h) All stages of each proceeding shall be recorded
  288  stenographically reported.
  289         (8) ORDER.—
  290         (a) In all cases, the court shall issue written findings of
  291  fact and conclusions of law to support its decision. The order
  292  must state the basis for the findings of fact.
  293         (b) An order of involuntary admission to residential
  294  services may not be entered unless the court finds that:
  295         1. The person is intellectually disabled or autistic;
  296         2. Placement in a residential setting is the least
  297  restrictive and most appropriate alternative to meet the
  298  person’s needs and the order specifies whether the recommended
  299  placement must be secure or nonsecure; and
  300         3. Because of the person’s degree of intellectual
  301  disability or autism, the person:
  302         a. Lacks sufficient capacity to give express and informed
  303  consent to a voluntary application for services pursuant to s.
  304  393.065, does not have a guardian or guardian advocate to
  305  consent to services on his or her behalf, and lacks basic
  306  survival and self-care skills to such a degree that close
  307  supervision and habilitation in a residential setting is
  308  necessary and, if not provided, would result in a real and
  309  present threat of substantial harm to the person’s well-being;
  310  or
  311         b. Is likely to physically injure others if allowed to
  312  remain at liberty.
  313         (c) If the evidence presented to the court is not
  314  sufficient to warrant involuntary admission to residential
  315  services, but the court feels that residential services would be
  316  beneficial, the court may recommend that the person seek
  317  voluntary admission.
  318         (d) If an order of involuntary admission to residential
  319  services provided by the agency is entered by the court, a copy
  320  of the written order shall be served upon the person and his or
  321  her guardian or guardian advocate if one has been appointed, the
  322  person’s counsel, the agency, and the state attorney and the
  323  person’s defense counsel, if applicable. The order of
  324  involuntary admission sent to the agency shall also be
  325  accompanied by a copy of the examining committee’s report and
  326  other reports contained in the court file.
  327         (e) The court may also order special provisions for
  328  residential services and adequate supervision of the person,
  329  when recommended by the agency, in order to ensure that the
  330  person is placed and maintained in the least restrictive, most
  331  appropriate setting. Special provisions may include auxiliary
  332  services that the agency provides to reduce risk and that the
  333  person must comply with to maintain community safety. Upon
  334  receiving the order, the agency shall, within 45 days, provide
  335  the court with a copy of the person’s family or individual
  336  support plan and copies of all examinations and evaluations,
  337  outlining the treatment and rehabilitative programs. The agency
  338  shall document that the person has been placed in the most
  339  appropriate, least restrictive and cost-beneficial residential
  340  setting. A copy of the family or individual support plan and
  341  other examinations and evaluations shall be served upon the
  342  person and the person’s counsel at the same time the documents
  343  are filed with the court.
  344         (9) EFFECT OF THE ORDER OF INVOLUNTARY ADMISSION TO
  345  RESIDENTIAL SERVICES.—
  346         (a) An order authorizing an admission to residential
  347  services care may not be considered an adjudication of mental
  348  incapacity incompetency. A person is not presumed incapacitated
  349  incompetent solely by reason of the person’s involuntary
  350  admission to residential services. A person may not be denied
  351  the full exercise of all legal rights guaranteed to citizens of
  352  this state and of the United States.
  353         (b) Any minor involuntarily admitted to residential
  354  services shall be evaluated pursuant to subsection (15) and,
  355  within the 6 months before upon reaching majority, be given a
  356  hearing to determine the continued appropriateness of his or her
  357  involuntary admission.
  358         (10) CAPACITY COMPETENCY.—
  359         (a) The issue of capacity competency is separate and
  360  distinct from a determination of the appropriateness of
  361  involuntary admission to residential services due to
  362  intellectual disability or autism.
  363         (b) The issue of the capacity competency of a person who
  364  has an intellectual disability or autism for purposes of
  365  assigning guardianship shall be determined in a separate
  366  proceeding according to the procedures and requirements of
  367  chapter 744.
  368         (11)COMPETENCY.—The issue of the competency of a person
  369  who has an intellectual disability or autism for purposes of
  370  determining whether the person is competent to proceed in a
  371  criminal trial shall be determined in accordance with chapter
  372  916.
  373         (12)(11) CONTINUING JURISDICTION.—The court that which
  374  issues the initial order for involuntary admission to
  375  residential services under this section has continuing
  376  jurisdiction to enter further orders to ensure that the person
  377  is receiving adequate care, treatment, habilitation, and
  378  rehabilitation, as recommended in the person’s individualized
  379  support plan including psychotropic medication and behavioral
  380  programming. Upon request, the court may transfer the continuing
  381  jurisdiction to the court where a client resides if it is
  382  different from where the original involuntary admission order
  383  was issued. A person may not be released from an order for
  384  involuntary admission to residential services except by the
  385  order of the court.
  386         (13)(12) APPEAL.—
  387         (a) Any party to the proceeding who is affected by an order
  388  of the court, including the agency, may appeal to the
  389  appropriate district court of appeal within the time and in the
  390  manner prescribed by the Florida Rules of Appellate Procedure.
  391         (b) The filing of an appeal by the person who has an
  392  intellectual disability or autism stays admission of the person
  393  into residential services care. The stay remains in effect
  394  during the pendency of all review proceedings in Florida courts
  395  until a mandate issues.
  396         (14)(13) HABEAS CORPUS.—At any time and without notice, any
  397  person involuntarily admitted into residential services care, or
  398  the person’s parent or legal guardian in his or her behalf, is
  399  entitled to file a petition for a writ of habeas corpus to
  400  question the cause, legality, and appropriateness of the
  401  person’s involuntary admission. Each person, or the person’s
  402  parent or legal guardian, shall receive specific written notice
  403  of the right to petition for a writ of habeas corpus at the time
  404  of his or her involuntary placement.
  405         (15)(14) REVIEW OF CONTINUED INVOLUNTARY ADMISSION TO
  406  RESIDENTIAL SERVICES.—
  407         (a) If a person is involuntarily admitted to residential
  408  services provided by the agency, the agency shall employ or, if
  409  necessary, contract with a qualified evaluator to conduct a
  410  review annually, unless otherwise ordered, to determine the
  411  propriety of the person’s continued involuntary admission to
  412  residential services based on the criteria in paragraph (8)(b).
  413  The review shall include an assessment of the most appropriate
  414  and least restrictive type of residential placement for the
  415  person. If the person was committed under the criteria in sub
  416  subparagraph (8)(b)3.a., the review must also address whether
  417  the person has had a guardian or guardian advocate appointed
  418  since the commitment.
  419         (b) A placement resulting from an involuntary admission to
  420  residential services must be reviewed by the court at a hearing
  421  annually, unless a shorter review period is ordered at a
  422  previous hearing. The agency shall provide to the court the
  423  completed review reviews by the qualified evaluator. The review
  424  and hearing must occur within 30 days after the court receives
  425  the review and determines determine whether the person continues
  426  to be eligible for agency services and meets meet the criteria
  427  in paragraph (8)(b) and, if so, whether the person still
  428  requires involuntary placement in a residential setting and
  429  whether the person is receiving adequate care, treatment,
  430  habilitation, and rehabilitation in the residential setting.
  431         (c) The agency shall provide a copy of the review and
  432  reasonable notice of the hearing to the appropriate state
  433  attorney, if applicable, the person, the person’s attorney, and
  434  the person’s guardian or guardian advocate, if appointed.
  435         (d) For purposes of this section, the term “qualified
  436  evaluator” means a psychiatrist licensed under chapter 458 or
  437  chapter 459, or a psychologist licensed under chapter 490, who
  438  has demonstrated to the court an expertise in the diagnosis,
  439  evaluation, and treatment of persons who have an intellectual
  440  disability or autism disabilities.
  441         Section 2. Section 916.301, Florida Statutes, is amended to
  442  read:
  443         916.301 Appointment of experts.—
  444         (1) All evaluations ordered by the court under this part
  445  must be conducted by a qualified expert experts who meets the
  446  requirements for a qualified evaluator as defined in s. 393.11
  447  have expertise in evaluating persons who have an intellectual
  448  disability or autism. The agency shall maintain and provide the
  449  courts annually with a list of available professionals who are
  450  appropriately licensed and qualified to perform evaluations of
  451  defendants alleged to be incompetent to proceed due to
  452  intellectual disability or autism. The courts may use
  453  professionals from this list when appointing experts and
  454  ordering evaluations under this part.
  455         (2) If a defendant’s suspected mental condition is
  456  intellectual disability or autism, the court shall appoint the
  457  agency to select an expert to evaluate whether the defendant
  458  meets the definition of intellectual disability or autism and,
  459  if so, whether the defendant is competent to proceed due to
  460  intellectual disability or autism. following:
  461         (a)At least one, or At the request of any party, the court
  462  may appoint an additional expert or direct the agency to select
  463  an additional expert two experts to evaluate whether the
  464  defendant meets the definition of intellectual disability or
  465  autism and, if so, whether the defendant is competent to
  466  proceed; and
  467         (b)A psychologist selected by the agency who is licensed
  468  or authorized by law to practice in this state, with experience
  469  in evaluating persons suspected of having an intellectual
  470  disability or autism, and a social service professional, with
  471  experience in working with persons who have an intellectual
  472  disability or autism.
  473         1.The psychologist shall evaluate whether the defendant
  474  meets the definition of intellectual disability or autism and,
  475  if so, whether the defendant is incompetent to proceed due to
  476  intellectual disability or autism.
  477         2.The social service professional shall provide a social
  478  and developmental history of the defendant.
  479         (3) The experts may examine the defendant in jail, in
  480  another appropriate local facility, in a facility of the
  481  Department of Corrections, or on an outpatient basis.
  482         (4) Experts appointed by the court, including experts
  483  selected by the agency, to evaluate the mental condition of a
  484  defendant in a criminal case shall be allowed reasonable fees
  485  for services rendered as evaluators and as witnesses, which
  486  shall be paid by the court. State employees shall be paid
  487  expenses pursuant to s. 112.061. The fees shall be taxed as
  488  costs in the case. In order for the experts to be paid for the
  489  services rendered, the reports and testimony must explicitly
  490  address each of the factors and follow the procedures set out in
  491  this chapter and in the Florida Rules of Criminal Procedure.
  492         Section 3. Subsection (4) of section 916.3012, Florida
  493  Statutes, is amended to read:
  494         916.3012 Mental competence to proceed.—
  495         (4) If the experts find that the defendant is incompetent
  496  to proceed, the experts shall report on any recommended training
  497  for the defendant to attain competence to proceed. In
  498  considering the issues relating to training, the examining
  499  experts shall specifically report on:
  500         (a) The intellectual disability or autism causing the
  501  incompetence.;
  502         (b) The training appropriate for the intellectual
  503  disability or autism of the defendant and whether that training
  504  should occur in the community or in a forensic facility. an
  505  explanation of each of the possible training alternatives in
  506  order of choices;
  507         (c)The availability of acceptable training and, if
  508  training is available in the community, the expert shall so
  509  state in the report; and
  510         (c)(d) The likelihood of the defendant’s attaining
  511  competence under the training recommended, an assessment of the
  512  probable duration of the training required to restore
  513  competence, and the probability that the defendant will attain
  514  competence to proceed in the foreseeable future.
  515         Section 4. Subsection (3) of section 916.302, Florida
  516  Statutes, is amended, and paragraphs (e) and (f) are added to
  517  subsection (2) of that section, to read:
  518         916.302 Involuntary commitment of defendant determined to
  519  be incompetent to proceed.—
  520         (2) ADMISSION TO A FACILITY.—
  521         (e)A competency hearing shall be held within 30 days after
  522  the court receives notification that the defendant is competent
  523  to proceed or no longer meets the criteria for continued
  524  commitment. The defendant must be discharged from the forensic
  525  facility and transported to the committing court’s jurisdiction
  526  for the hearing.
  527         (f)If recommended by the expert, the court may order
  528  maintenance competency training to occur in the jail while the
  529  defendant awaits trial.
  530         (3) PLACEMENT OF DUALLY DIAGNOSED DEFENDANTS.—
  531         (a) If a defendant has both an intellectual disability or
  532  autism and a mental illness, evaluations must address which
  533  condition is primarily affecting the defendant’s competency to
  534  proceed. Referral of the defendant shall should be made to the
  535  department or the agency for placement in an appropriate
  536  facility a civil or forensic facility most appropriate to
  537  address the symptoms that are the cause of the defendant’s
  538  incompetence.
  539         (b) Transfer between the department and the agency from one
  540  civil or forensic facility to another civil or forensic facility
  541  may occur when, in the department’s and agency’s judgment, it is
  542  in the defendant’s best treatment or training interests. The
  543  department and agency shall submit an evaluation and
  544  justification for the transfer to the court. The court may
  545  consult with an outside expert if necessary. Transfer requires
  546  will require an amended order from the committing court.
  547         Section 5. Subsection (3) of section 916.3025, Florida
  548  Statutes, is amended to read:
  549         916.3025 Jurisdiction of committing court.—
  550         (3) The committing court shall consider a petition to
  551  involuntarily admit a defendant who has been deemed
  552  nonrestorable to competency by the court whose charges have been
  553  dismissed to residential services provided by the agency and,
  554  when applicable, to continue secure placement of such person as
  555  provided in s. 916.303. The committing court shall retain
  556  jurisdiction over such person so long as he or she remains in
  557  secure placement or is on conditional release as provided in s.
  558  916.304. However, upon request, the court may transfer
  559  continuing jurisdiction to the court in the circuit where the
  560  defendant resides. The defendant may not be released from an
  561  order for secure placement except by order of the court.
  562         Section 6. Subsections (2) and (3) of section 916.303,
  563  Florida Statutes, are amended to read:
  564         916.303 Determination of incompetency; dismissal of
  565  charges.—
  566         (2) If the charges are dismissed and if the defendant is
  567  considered to lack sufficient capacity to give express and
  568  informed consent to a voluntary application for services, does
  569  not have a guardian or guardian advocate to consent to services
  570  on his or her behalf, and lacks the basic survival and self-care
  571  skills to provide for his or her well-being, or the defendant is
  572  likely to physically injure himself or herself or others if
  573  allowed to remain at liberty, the agency, the state attorney, or
  574  the defendant’s attorney may file a petition in shall apply to
  575  the committing court to involuntarily admit the defendant to
  576  residential services pursuant to s. 393.11 in lieu of a petition
  577  for involuntary admission to residential services executed by a
  578  petitioning commission.
  579         (3)If the defendant is considered to need involuntary
  580  residential services for reasons described in subsection (2)
  581  and, further, there is a substantial likelihood that the
  582  defendant will injure another person or continues to present a
  583  danger of escape, and all available less restrictive
  584  alternatives, including services in community residential
  585  facilities or other community settings, which would offer an
  586  opportunity for improvement of the condition have been judged to
  587  be inappropriate, the agency, the state attorney, or the
  588  defendant’s counsel may request the committing court to continue
  589  the defendant’s placement in a secure facility pursuant to this
  590  part. Any placement so continued must be reviewed by the court
  591  at least annually at a hearing. The annual review and hearing
  592  must determine whether the defendant continues to meet the
  593  criteria described in this subsection and, if so, whether the
  594  defendant still requires involuntary placement in a secure
  595  facility and whether the defendant is receiving adequate care,
  596  treatment, habilitation, and rehabilitation, including
  597  psychotropic medication and behavioral programming. Notice of
  598  the annual review and review hearing shall be given to the state
  599  attorney and the defendant’s attorney. A defendant’s placement
  600  in a secure facility may not exceed the maximum sentence for the
  601  crime for which the defendant was charged.
  602         Section 7. Subsection (1) of section 916.304, Florida
  603  Statutes, is amended to read:
  604         916.304 Conditional release.—
  605         (1) Except for an inmate currently serving a prison
  606  sentence, the committing court may order a conditional release
  607  of any defendant who has been found to be incompetent to proceed
  608  due to intellectual disability or autism, based on an approved
  609  plan for providing community-based competency training. The
  610  conditional release for community-based competency training may
  611  not exceed 2 years. If the defendant remains incompetent after
  612  receiving competency training for 2 years, the provisions of s.
  613  916.303 apply The committing criminal court may order a
  614  conditional release of any defendant to a civil facility in lieu
  615  of an involuntary commitment to a forensic facility pursuant to
  616  s. 916.302.
  617         (a) Upon a recommendation that community-based competency
  618  training for the defendant is appropriate, a written plan for
  619  community-based competency training, including recommendations
  620  from qualified professionals, may be filed with the court, with
  621  copies to all parties. Such a plan may also be submitted by the
  622  defendant and filed with the court, with copies to all parties.
  623  If the agency has determined the defendant is eligible for
  624  agency services, the plan must include:
  625         (a) special provisions for the defendant to receive
  626  residential services care and adequate supervision of the
  627  defendant, including recommended location of placement.
  628         (b)Recommendations for auxiliary services such as
  629  vocational training, psychological training, educational
  630  services, leisure services, and special medical care.
  631         (b) In its order of conditional release, the court shall
  632  specify the conditions of release based upon the release plan
  633  and shall direct the appropriate agencies or persons to submit
  634  periodic reports to the courts regarding the defendant’s
  635  compliance with the conditions of the release and progress in
  636  training, with copies to all parties. A defendant who the agency
  637  has determined is ineligible for agency services may be ordered
  638  to receive community-based competency training by the agency,
  639  but may not be ordered to receive any residential services and
  640  supervision by the agency.
  641         Section 8. This act shall take effect July 1, 2018.