Florida Senate - 2018                                     SB 960
       
       
        
       By Senator Baxley
       
       
       
       
       
       12-00967A-18                                           2018960__
    1                        A bill to be entitled                      
    2         An act relating to mental health and substance abuse;
    3         amending s. 397.321, F.S.; deleting a provision
    4         requiring the Department of Children and Families to
    5         develop a certification process by rule for community
    6         substance abuse prevention coalitions; amending ss.
    7         916.13 and 916.15, F.S.; requiring the department to
    8         request a defendant’s medical information from a
    9         county jail within a certain timeframe after receiving
   10         a completed commitment packet order and other required
   11         documentation; requiring the county jail to provide
   12         such information within a certain timeframe; requiring
   13         that each defendant ordered returned to a county jail
   14         be continued on the same psychotropic medication that
   15         he or she was prescribed upon discharge from a mental
   16         health facility; providing an exception; providing an
   17         effective date.
   18          
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. Subsection (16) of section 397.321, Florida
   22  Statutes, is amended to read:
   23         397.321 Duties of the department.—The department shall:
   24         (16) Develop a certification process by rule for community
   25  substance abuse prevention coalitions.
   26         Section 2. Subsection (2) of section 916.13, Florida
   27  Statutes, is amended to read:
   28         916.13 Involuntary commitment of defendant adjudicated
   29  incompetent.—
   30         (2) A defendant who has been charged with a felony, and who
   31  has been adjudicated incompetent to proceed due to mental
   32  illness, and who meets the criteria for involuntary commitment
   33  under this chapter, may be committed to the department, and the
   34  department shall retain and treat the defendant. Within 2
   35  business days after receipt of a completed commitment packet
   36  order and other required documents as stipulated in rule, the
   37  department must request from the county jail any and all medical
   38  information pertaining to the defendant. Within 3 business days
   39  after receipt of such a request, the county jail shall provide
   40  such information to the department.
   41         (a) Within 6 months after the date of admission and at the
   42  end of any period of extended commitment, or at any time the
   43  administrator or his or her designee determines that the
   44  defendant has regained competency to proceed or no longer meets
   45  the criteria for continued commitment, the administrator or
   46  designee shall file a report with the court pursuant to the
   47  applicable Florida Rules of Criminal Procedure.
   48         (b) A competency hearing must shall be held within 30 days
   49  after the court receives notification that the defendant is
   50  competent to proceed or no longer meets the criteria for
   51  continued commitment. The defendant must be transported to the
   52  committing court’s jurisdiction for the hearing. Each defendant
   53  who is ordered returned to the county jail must be continued on
   54  the same psychotropic medication that he or she was prescribed
   55  upon discharge by the mental health facility, unless the jail’s
   56  physician determines that there is a compelling medical reason
   57  to change or discontinue the medication for the health and
   58  safety of the defendant.
   59         Section 3. Subsections (3) and (5) of section 916.15,
   60  Florida Statutes, are amended to read:
   61         916.15 Involuntary commitment of defendant adjudicated not
   62  guilty by reason of insanity.—
   63         (3) Every defendant acquitted of criminal charges by reason
   64  of insanity and found to meet the criteria for involuntary
   65  commitment may be committed and treated in accordance with the
   66  provisions of this section and the applicable Florida Rules of
   67  Criminal Procedure. The department shall admit a defendant so
   68  adjudicated to an appropriate facility or program for treatment
   69  and shall retain and treat such defendant. No later than 6
   70  months after the date of admission, prior to the end of any
   71  period of extended commitment, or at any time that the
   72  administrator or his or her designee determines shall have
   73  determined that the defendant no longer meets the criteria for
   74  continued commitment placement, the administrator or designee
   75  shall file a report with the court pursuant to the applicable
   76  Florida Rules of Criminal Procedure. Within 2 business days
   77  after receipt of a completed commitment packet order and other
   78  required documents as stipulated in rule, the department must
   79  request from the county jail any and all medical information
   80  pertaining to the defendant. Within 3 business days after
   81  receipt of such a request, the county jail shall provide such
   82  information to the department.
   83         (5) The commitment hearing shall be held within 30 days
   84  after the court receives notification that the defendant no
   85  longer meets the criteria for continued commitment. The
   86  defendant must be transported to the committing court’s
   87  jurisdiction for the hearing. Each defendant who is ordered
   88  returned to the county jail must be continued on the same
   89  psychotropic medication that he or she was prescribed upon
   90  discharge by the mental health facility, unless the jail’s
   91  physician determines that there is a compelling medical reason
   92  to change or discontinue the medication for the health and
   93  safety of the defendant.
   94         Section 4. This act shall take effect July 1, 2018.