Senate Bill sb1680

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    Florida Senate - 2001                                  SB 1680

    By Senator Peaden





    41-1247-01

  1                      A bill to be entitled

  2         An act relating to sexually violent offenders;

  3         amending s. 394.913, F.S.; requiring the agency

  4         with jurisdiction over a person convicted of a

  5         sexually violent offense to provide earlier

  6         notice of the offender's anticipated release;

  7         revising the time for preparing the assessment

  8         as to whether the offender is a sexually

  9         violent predator; amending s. 394.917, F.S.;

10         requiring the Department of Children and Family

11         Services to detain sexually violent predators

12         in a secure facility segregated from other

13         patients; providing an effective date.

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15  Be It Enacted by the Legislature of the State of Florida:

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17         Section 1.  Section 394.913, Florida Statutes, is

18  amended to read:

19         394.913  Notice to state attorney and multidisciplinary

20  team of release of sexually violent predator; establishing

21  multidisciplinary teams; information to be provided to

22  multidisciplinary teams.--

23         (1)  The agency with jurisdiction over a person who has

24  been convicted of a sexually violent offense shall give

25  written notice to the multidisciplinary team, and a copy to

26  the state attorney of the circuit where that person was last

27  convicted of a sexually violent offense. If the person has

28  never been convicted of a sexually violent offense in this

29  state but has been convicted of a sexually violent offense in

30  another state or in federal court, the agency with

31  jurisdiction shall give written notice to the

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    Florida Senate - 2001                                  SB 1680
    41-1247-01




  1  multidisciplinary team and a copy to the state attorney of the

  2  circuit where the person was last convicted of any offense in

  3  this state. If the person is being confined in this state

  4  pursuant to interstate compact and has a prior or current

  5  conviction for a sexually violent offense, the agency with

  6  jurisdiction shall give written notice to the

  7  multidisciplinary team and a copy to the state attorney of the

  8  circuit where the person plans to reside upon release or, if

  9  no residence in this state is planned, the state attorney in

10  the circuit where the facility from which the person to be

11  released is located. Except as provided in s. 394.9135, the

12  written notice must be given to the multidisciplinary team and

13  the state attorney at least 30 months 365 days or, in the case

14  of an adjudicated committed delinquent, at least 180 90 days

15  before:

16         (a)  The anticipated release from total confinement of

17  a person who has been convicted of a sexually violent offense,

18  except that in the case of persons who have been returned to

19  total confinement for no more than 180 90 days, written notice

20  must be given as soon as practicable following the person's

21  return to confinement; or

22         (b)  The anticipated hearing regarding possible release

23  of a person who has been found not guilty by reason of

24  insanity or mental incapacity of a sexually violent offense.

25         (2)  The agency with jurisdiction shall provide the

26  multidisciplinary team with the following information:

27         (a)  The person's name; identifying characteristics;

28  anticipated future residence; the type of supervision the

29  person will receive in the community, if any; and the person's

30  offense history;

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    Florida Senate - 2001                                  SB 1680
    41-1247-01




  1         (b)  The person's criminal history, including police

  2  reports, victim statements, presentence investigation reports,

  3  postsentence investigation reports, if available, and any

  4  other documents containing facts of the person's criminal

  5  incidents;

  6         (c)  Mental health, mental status, and medical records,

  7  including all clinical records and notes concerning the

  8  person;

  9         (d)  Documentation of institutional adjustment and any

10  treatment received and, in the case of an adjudicated

11  delinquent committed to the Department of Juvenile Justice,

12  copies of the most recent performance plan and performance

13  summary; and

14         (e)  If the person was returned to custody after a

15  period of supervision, documentation of adjustment during

16  supervision and any treatment received.

17         (3)(a)  The secretary or his or her designee shall

18  establish a multidisciplinary team or teams.

19         (b)  Each team shall include, but is not limited to,

20  two licensed psychiatrists or psychologists or one licensed

21  psychiatrist and one licensed psychologist. The

22  multidisciplinary team shall assess and evaluate each person

23  referred to the team. The assessment and evaluation shall

24  include a review of the person's institutional history and

25  treatment record, if any, the person's criminal background,

26  and any other factor that is relevant to the determination of

27  whether such person is a sexually violent predator.

28         (c)  Before recommending that a person meets the

29  definition of a sexually violent predator, the person must be

30  offered a personal interview. If the person agrees to

31  participate in a personal interview, at least one member of

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    Florida Senate - 2001                                  SB 1680
    41-1247-01




  1  the team who is a licensed psychiatrist or psychologist must

  2  conduct a personal interview of the person. If the person

  3  refuses to fully participate in a personal interview, the

  4  multidisciplinary team may proceed with its recommendation

  5  without a personal interview of the person.

  6         (d)  The Attorney General's Office shall serve as legal

  7  counsel to the multidisciplinary team.

  8         (e)  Within 180 90 days after receiving notice, there

  9  shall be a written assessment as to whether the person meets

10  the definition of a sexually violent predator and a written

11  recommendation, which shall be provided to the state attorney.

12  The written recommendation shall be provided by the Department

13  of Children and Family Services and shall include the written

14  report of the multidisciplinary team.

15         (4)  The provisions of this section are not

16  jurisdictional, and failure to comply with them in no way

17  prevents the state attorney from proceeding against a person

18  otherwise subject to the provisions of this part.

19         Section 2.  Subsection (2) of section 394.917, Florida

20  Statutes, is amended to read:

21         394.917  Determination; commitment procedure;

22  mistrials; housing; counsel and costs in indigent appellate

23  cases.--

24         (2)  If the court or jury determines that the person is

25  a sexually violent predator, upon the expiration of the

26  incarcerative portion of all criminal sentences and

27  disposition of any detainers other than detainers for

28  deportation by the United States Immigration and

29  Naturalization Service, the person shall be committed to the

30  custody of the Department of Children and Family Services for

31  control, care, and treatment until such time as the person's

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    Florida Senate - 2001                                  SB 1680
    41-1247-01




  1  mental abnormality or personality disorder has so changed that

  2  it is safe for the person to be at large. At all times,

  3  sexually violent predators who are detained or committed for

  4  control, care, and treatment by the Department of Children and

  5  Family Services under this section shall be kept in a secure

  6  facility segregated from patients who are not detained or

  7  committed under this section.

  8         Section 3.  This act shall take effect July 1, 2001.

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11                          SENATE SUMMARY

12    Requires that the agency with jurisdiction over a person
      convicted of a sexually violent offense notify the state
13    attorney 30 months rather than 1 year before the
      offender's anticipated release. Requires that the
14    assessment as to whether the offender is a sexually
      violent predator be provided to the state attorney 180
15    days after such notice. Requires that the Department of
      Children and Family Services detain sexually violent
16    predators in a secure facility segregated from other
      patients.
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