Senate Bill sb2158

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    Florida Senate - 2002                                  SB 2158

    By Senator Crist





    13-1164-02

  1                      A bill to be entitled

  2         An act relating to the involuntary civil

  3         commitment of sexually violent predators;

  4         creating s. 394.9215, F.S.; authorizing a

  5         person held in a secure facility under part V

  6         of ch. 394, F.S., to file a petition for habeas

  7         corpus; providing for a response and

  8         evidentiary proceeding; providing for appeal;

  9         prohibiting a person from filing a petition for

10         habeas corpus during commitment proceedings;

11         providing that the petitioner does not have a

12         right to appointed counsel; requiring that the

13         court grant relief in the least intrusive

14         manner possible; prohibiting the court from

15         releasing a petitioner unless it finds no other

16         relief will remedy the violation of the

17         petitioner's rights; amending s. 394.923, F.S.;

18         providing that the Department of Legal Affairs

19         and its officers and employees are immune from

20         civil liability for good-faith conduct under

21         part V of ch. 394, F.S.; providing an effective

22         date.

23

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

25

26         Section 1.  Section 394.9215, Florida Statutes, is

27  created to read:

28         394.9215  Right to habeas corpus.--

29         (1)(a)  At any time after exhausting all administrative

30  remedies, a person held in a secure facility under this part

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    Florida Senate - 2002                                  SB 2158
    13-1164-02




  1  may file a petition for habeas corpus in the circuit court for

  2  the county in which the facility is located alleging that:

  3         1.  The person's conditions of confinement violate a

  4  statutory right under state law or a constitutional right

  5  under the State Constitution or the United States

  6  Constitution; or

  7         2.  The facility in which the person is confined is not

  8  an appropriate secure facility, as that term is used in s.

  9  394.915.

10         (b)  Upon filing a legally sufficient petition stating

11  a prima facie case under paragraph (a), the court may direct

12  the Department of Children and Family Services to file a

13  response. If necessary, the court may conduct an evidentiary

14  proceeding and issue an order to correct a violation of state

15  or federal rights found to exist by the court. A final order

16  entered under this section may be appealed to the district

17  court of appeal. A nonfinal order may be appealed to the

18  extent provided by the Florida Rules of Appellate Procedure.

19  An appeal by the department shall stay the trial court's order

20  until disposition of the appeal.

21         (2)  A person may not assert a claim under this section

22  during the commitment proceedings governed under this part. A

23  person does not have a right to appointed counsel in any

24  proceeding initiated under this section.

25         (3)  Relief granted on a petition filed under this

26  section must be narrowly drawn and may not exceed that which

27  is minimally necessary to correct, in the least intrusive

28  manner possible, the violation of the state or federal rights

29  of a particular petitioner. A court considering a petition

30  under this section must give substantial weight to whether the

31  granting of relief would adversely impact the operation of the

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    Florida Senate - 2002                                  SB 2158
    13-1164-02




  1  detention and treatment facility or would adversely impact

  2  public safety.

  3         (4)  The court may not enter an order releasing a

  4  person from secure detention unless the court expressly finds

  5  that no relief short of release will remedy the violation of

  6  state or federal rights which is found to have occurred.

  7         Section 2.  Section 394.923, Florida Statutes, is

  8  amended to read:

  9         394.923  Immunity from civil liability.--The agency

10  with jurisdiction and its officers and employees; the

11  department and its officers and employees; members of the

12  multidisciplinary team; the state attorney and the state

13  attorney's employees; the Department of Legal Affairs and its

14  officers and employees; and those involved in the evaluation,

15  care, and treatment of sexually violent persons committed

16  under this part are immune from any civil liability for good

17  faith conduct under this part.

18         Section 3.  This act shall take effect July 1, 2002.

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20            *****************************************

21                          SENATE SUMMARY

22    Authorizes a person who is involuntarily committed to a
      secure facility as a sexually violent predator to file a
23    petition for habeas corpus. Prohibits filing such a
      petition during the commitment proceedings. Specifies
24    that the petitioner does not have a right to appointed
      counsel. Requires that any relief granted by the court be
25    narrowly drawn and in the least intrusive manner
      possible. Limits the right of the court to release a
26    petitioner. Grants immunity from civil liability to
      officers and employees of the Department of Legal Affairs
27    for actions taken in good faith under part V of ch. 394,
      F.S. (See bill for details.)
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