Senate Bill sb2158er

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    2002 Legislature                        SB 2158, 2nd Engrossed



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  2         An act relating to the involuntary civil

  3         commitment of sexually violent offenders;

  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 in 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.

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

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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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    2002 Legislature                        SB 2158, 2nd Engrossed



  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)  Any claim referred to in subsection (1) may be

22  asserted only as provided in this section. No claim referred

23  to in subsection (1) shall be considered in commitment

24  proceedings brought under this part. A person does not have a

25  right to appointed counsel in any proceeding initiated under

26  this section.

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

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

29  is minimally necessary to correct, in the least intrusive

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

31  of a particular petitioner. A court considering a petition


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    ENROLLED

    2002 Legislature                        SB 2158, 2nd Engrossed



  1  under this section must give substantial weight to whether the

  2  granting of relief would adversely impact the operation of the

  3  detention and treatment facility or would adversely impact

  4  public safety.

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

  6  person from secure detention unless the court expressly finds

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

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

  9         Section 2.  Section 394.923, Florida Statutes, is

10  amended to read:

11         394.923  Immunity from civil liability.--The agency

12  with jurisdiction and its officers and employees; the

13  department and its officers and employees; members of the

14  multidisciplinary team; the state attorney and the state

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

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

17  care, and treatment of sexually violent persons committed

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

19  faith conduct under this part.

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

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