Senate Bill sb1680c1

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    Florida Senate - 2001                           CS for SB 1680

    By the Committee on Children and Families; and Senator Peaden





    300-1912-01

  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                           CS for SB 1680
    300-1912-01




  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 18 months prior to the anticipated

14  release from total confinement in the custody of the

15  Department of Corrections of a person who has been convicted

16  of a sexually violent offense, except that in the case of

17  persons who are totally confined in the Department of

18  Corrections for a period of less than 18 months, written

19  notice must be given as soon as practicable. Written notice

20  must be given to the multidisciplinary team at least 180 days

21  prior to 365 days or, in the case of an adjudicated committed

22  delinquent, at least 90 days before:

23         (a)  The anticipated release from total confinement of

24  a person adjudicated delinquent as a juvenile who has been

25  convicted of a sexually violent offense, except that in the

26  case of persons who have been returned to total confinement

27  for no more than 90 days, written notice must be given as soon

28  as practicable following the person's return to confinement;

29  or

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    Florida Senate - 2001                           CS for SB 1680
    300-1912-01




  1         (b)  The anticipated hearing regarding possible release

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

  3  insanity or mental incapacity of a sexually violent offense.

  4         (2)  The agency with jurisdiction shall provide the

  5  multidisciplinary team with the following information:

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

  7  anticipated future residence; the type of supervision the

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

  9  offense history;

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

11  reports, victim statements, presentence investigation reports,

12  postsentence investigation reports, if available, and any

13  other documents containing facts of the person's criminal

14  incidents;

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

16  including all clinical records and notes concerning the

17  person;

18         (d)  Documentation of institutional adjustment and any

19  treatment received and, in the case of an adjudicated

20  delinquent committed to the Department of Juvenile Justice,

21  copies of the most recent performance plan and performance

22  summary; and

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

24  period of supervision, documentation of adjustment during

25  supervision and any treatment received.

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

27  establish a multidisciplinary team or teams.

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

29  two licensed psychiatrists or psychologists or one licensed

30  psychiatrist and one licensed psychologist. The

31  multidisciplinary team shall assess and evaluate each person

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    Florida Senate - 2001                           CS for SB 1680
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  1  referred to the team. The assessment and evaluation shall

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

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

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

  5  whether such person is a sexually violent predator.

  6         (c)  Before recommending that a person meets the

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

  8  offered a personal interview. If the person agrees to

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

10  the team who is a licensed psychiatrist or psychologist must

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

12  refuses to fully participate in a personal interview, the

13  multidisciplinary team may proceed with its recommendation

14  without a personal interview of the person.

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

16  counsel to the multidisciplinary team.

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

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

19  the definition of a sexually violent predator and a written

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

21  The written recommendation shall be provided by the Department

22  of Children and Family Services and shall include the written

23  report of the multidisciplinary team.

24         (4)  The provisions of this section are not

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

26  prevents the state attorney from proceeding against a person

27  otherwise subject to the provisions of this part.

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

29  Statutes, is amended to read:

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    Florida Senate - 2001                           CS for SB 1680
    300-1912-01




  1         394.917  Determination; commitment procedure;

  2  mistrials; housing; counsel and costs in indigent appellate

  3  cases.--

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

  5  a sexually violent predator, upon the expiration of the

  6  incarcerative portion of all criminal sentences and

  7  disposition of any detainers other than detainers for

  8  deportation by the United States Immigration and

  9  Naturalization Service, the person shall be committed to the

10  custody of the Department of Children and Family Services for

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

12  mental abnormality or personality disorder has so changed that

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

14  sexually violent predators who are detained or committed for

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

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

17  facility segregated from patients who are not detained or

18  committed under this section.

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

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    Florida Senate - 2001                           CS for SB 1680
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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 1680

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    Changes the length of time from 30 months to 18 months for
  5  providing the written notice to the multidisciplinary team and
    the state attorney of the release of a person from total
  6  confinement who has been convicted of a sexually violent
    offense.
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    Requires that the multidisciplinary team and the state
  8  attorney receive the written notice as soon as practical for
    all persons who have been convicted of a sexually violent
  9  offense and in total confinement for less than 18 months in
    the Department of Corrections.
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    Requires that notification be given to the multidisciplinary
11  team and the state attorney at least 180 days prior to release
    from confinement for persons found not guilty by reason of
12  insanity or mental incapacity of a sexually violent offense.

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