HB 7199

1	A bill to be entitled
2	An act relating to forensic treatment and training;
3	amending s. 916.105, F.S.; revising legislative intent
4	with respect to the treatment or training of defendants
5	who have mental illness, mental retardation, or autism and
6	are committed to the Agency for Persons with Disabilities;
7	providing intent with respect to the use of restraint and
8	seclusion; amending s. 916.106, F.S.; providing and
9	revising definitions; amending s. 916.107, F.S., relating
10	to the rights of forensic clients; conforming provisions
11	to the transfer of duties from the Developmental
12	Disabilities Program Office within the Department of
13	Children and Family Services to the Agency for Persons
14	with Disabilities; revising provisions governing the
15	involuntary treatment of clients; requiring the
16	coordination of services between the department, the
17	agency, and the Department of Corrections; amending s.
18	916.1075, F.S.; revising certain prohibitions on sexual
19	misconduct involving covered persons of the Department of
20	Children and Family Services or the Agency for Persons
21	with Disabilities; defining the term "covered person";
22	requiring that notice of sexual misconduct be provided to
23	the inspector general of the agency or department;
24	amending s. 916.1081, F.S.; providing that an escape or an
25	attempt to escape from a civil or forensic facility
26	constitutes a second-degree felony; amending s. 916.1085,
27	F.S.; providing for certain prohibitions concerning
28	contraband articles to apply to facilities under the
29	supervision or control of the Agency for Persons with
30	Disabilities; deleting a cross-reference; amending s.
31	916.1091, F.S.; authorizing the use of chemical weapons by
32	agency personnel; amending s. 916.1093, F.S.; authorizing
33	the agency to enter into contracts and adopt rules;
34	requiring department and agency rules to address the use
35	of restraint and seclusion; providing requirements for
36	such rules; amending s. 916.111, F.S.; revising provisions
37	governing the training of mental health experts; amending
38	s. 916.115, F.S.; requiring that the court appoint experts
39	to determine the mental condition of a criminal defendant;
40	requiring that the Department of Children and Family
41	Services annually provide the courts with a list of
42	certain mental health professionals; amending s. 916.12,
43	F.S.; revising provisions governing the evaluation of a
44	defendant's competence to proceed; amending s. 916.13,
45	F.S.; revising conditions under which a defendant may be
46	involuntarily committed for treatment; amending s.
47	916.145, F.S., relating to dismissal of charges against a
48	defendant adjudicated incompetent; conforming provisions
49	to changes made by the act; amending s. 916.15, F.S.;
50	clarifying that the determination of not guilty by reason
51	of insanity is made under a specified Florida Rule of
52	Criminal Procedure; amending s. 916.16, F.S.; providing
53	for the continuing jurisdiction of the court over a
54	defendant involuntarily committed due to mental illness;
55	amending s. 916.17, F.S.; clarifying circumstances under
56	which the court may order the conditional release of a
57	defendant; amending s. 916.301, F.S.; requiring that
58	certain evaluations be conducted by certain qualified
59	experts; requiring that the Agency for Persons with
60	Disabilities provide the court with a list of certain
61	available retardation and autism professionals; conforming
62	provisions to the transfer of duties from the
63	Developmental Disabilities Program Office within the
64	Department of Children and Family Services to the agency;
65	amending s. 916.3012, F.S.; clarifying provisions
66	governing the determination of a defendant's mental
67	competence to proceed; amending s. 916.302, F.S., relating
68	to the involuntary commitment of a defendant; conforming
69	provisions to the transfer of duties from the
70	Developmental Disabilities Program Office within the
71	Department of Children and Family Services to the agency;
72	requiring that the department and agency submit an
73	evaluation to the court before the transfer of a defendant
74	from one civil or forensic facility to another; amending
75	s. 916.3025, F.S.; clarifying that the committing court
76	retains jurisdiction over a defendant placed on
77	conditional release; providing for the transfer of
78	continuing jurisdiction to another court where the
79	defendant resides; amending s. 916.303, F.S.; clarifying
80	provisions governing the dismissal of charges against a
81	defendant found to be incompetent to proceed due to
82	retardation or autism; amending s. 916.304, F.S.;
83	providing for the conditional release of a defendant to a
84	civil facility; amending ss. 921.137 and 985.223, F.S.,
85	relating to provisions governing the imposition of the
86	death sentence upon a defendant with mental retardation
87	and the determination of incompetency in cases involving
88	juvenile delinquency; conforming provisions to the
89	transfer of duties from the Developmental Disabilities
90	Program Office within the Department of Children and
91	Family Services to the Agency for Persons with
92	Disabilities; amending ss. 287.057, 408.036, 943.0585, and
93	943.059, F.S.; conforming cross-references; providing an
94	effective date.
95
96	Be It Enacted by the Legislature of the State of Florida:
97
98	Section 1.  Section 916.105, Florida Statutes, is amended
99	to read:
100	916.105  Legislative intent.--
101	(1)  It is the intent of the Legislature that the
102	Department of Children and Family Services and the Agency for
103	Persons with Disabilities, as appropriate, establish, locate,
104	and maintain separate and secure forensic facilities and
105	programs for the treatment or training of defendants who have
106	been are charged with a felony and who have been found to be
107	incompetent to proceed due to their mental illness, mental
108	retardation, or autism, or who have been acquitted of a felony
109	felonies by reason of insanity, and who, while still under the
110	jurisdiction of the committing court, are committed to the
111	department or agency under the provisions of this chapter. Such
112	The separate, secure facilities shall be sufficient to
113	accommodate the number of defendants committed under the
114	conditions noted above., Except for those defendants found by
115	the department or agency to be appropriate for treatment or
116	training in a civil treatment facility or program pursuant to
117	subsection (3), forensic. Such secure facilities shall be
118	designed and administered so that ingress and egress, together
119	with other requirements of this chapter, may be strictly
120	controlled by staff responsible for security in order to protect
121	the defendant, facility personnel, other clients, and citizens
122	in adjacent communities.
123	(2)  It is further the intent of the Legislature that
124	treatment or training programs for defendants who are found to
125	have mental illness, mental retardation, or autism are found to
126	be mentally ill, retarded, or autistic and are involuntarily
127	committed to the department or agency, and who are still under
128	the jurisdiction of the committing court, be provided in such a
129	manner, subject to security requirements and other mandates of
130	this chapter, as to ensure the rights of the defendants as
131	provided in this chapter.
132	(3)  It is the intent of the Legislature that evaluation
133	and services to defendants who have mental illness, mental
134	retardation, or autism are mentally ill, retarded, or autistic
135	be provided in community settings, in community residential
136	facilities, or in civil, nonforensic facilities, whenever this
137	is a feasible alternative to treatment or training in a state
138	forensic facility.
139	(4)  It is the intent of the Legislature to minimize and
140	achieve an ongoing reduction in the use of restraint and
141	seclusion on persons who are committed to a civil or forensic
142	facility under this chapter.
143	Section 2.  Section 916.106, Florida Statutes, is amended
144	to read:
145	916.106  Definitions.--For the purposes of this chapter,
146	the term:
147	(1)  "Agency" means the Agency for Persons with
148	Disabilities. The agency is responsible for training forensic
149	clients who are developmentally disabled due to mental
150	retardation or autism and have been determined incompetent to
151	proceed.
152	(2)(1)  "Autism" has the same meaning as in s. 393.063.
153	means a pervasive, neurologically based developmental disability
154	of extended duration which causes severe learning,
155	communication, and behavior disorders, with the age of onset of
156	autism occurring during infancy or childhood. Individuals with
157	autism exhibit impairment in reciprocal social interaction,
158	impairment in verbal and nonverbal communication and imaginative
159	ability, and a markedly restricted repertoire of activities and
160	interests.
161	(3)(2)  "Chemical weapon" means any shell, cartridge, bomb,
162	gun, or other device capable of emitting chloroacetophenone
163	(CN), chlorobenzalmalononitrile (CS) or any derivatives thereof
164	in any form, or any other agent with lacrimatory properties, and
165	shall include products such as that commonly known as "mace."
166	(4)(3)  "Civil facility" means:
167	(a)  A mental health facility established within the
168	department or by contract with the department to serve
169	individuals committed pursuant to chapter 394 and those
170	defendants committed pursuant to this chapter who do not require
171	the security provided in a forensic facility; or.
172	(b)  An intermediate care facility for the developmentally
173	disabled, a foster care facility, a group home facility, or a
174	supported living setting, as defined in s. 393.063, designated
175	by the agency to serve those defendants who do not require the
176	security provided in a forensic facility.
177	(5)(4)  "Court" means the circuit court.
178	(6)  "Defendant" means an adult, or a juvenile who is
179	prosecuted as an adult, who has been arraigned and charged with
180	a felony offense under the laws of this state.
181	(7)(5)  "Department" means the Department of Children and
182	Family Services. The department is responsible for the treatment
183	of forensic clients who have been determined incompetent to
184	proceed due to mental illness or who have been acquitted of a
185	felony by reason of insanity.
186	(8)(6)  "Express and informed consent" or "consent" means
187	consent given voluntarily in writing after a conscientious and
188	sufficient explanation and disclosure of the purpose of the
189	proposed treatment, the common side effects of the treatment, if
190	any, the expected duration of the treatment, and any alternative
191	treatment available.
192	(9)(7)  "Forensic client" or "client" means any defendant
193	who has been is mentally ill, retarded, or autistic and who is
194	committed to the department or agency pursuant to s. 916.13, s.
195	916.15, or s. 916.302. this chapter and:
196	(a)  Who has been determined to need treatment for a mental
197	illness or training for retardation or autism;
198	(b)  Who has been found incompetent to proceed on a felony
199	offense or has been acquitted of a felony offense by reason of
200	insanity;
201	(c)  Who has been determined by the department to:
202	1.  Be dangerous to himself or herself or others; or
203	2.  Present a clear and present potential to escape; and
204	(d)  Who is an adult or a juvenile prosecuted as an adult.
205	(10)(8)  "Forensic facility" means a separate and secure
206	facility established within the department or agency to serve
207	forensic clients. A Such separate and secure facility means a
208	facilities shall be security-grade building for the purpose of
209	separately housing persons who have mental illness from persons
210	with retardation or autism and separately housing persons who
211	have been involuntarily committed pursuant to this chapter from
212	nonforensic residents buildings located on grounds distinct in
213	location from other facilities for persons who are mentally ill.
214	The Florida State Hospital shall not be required to maintain
215	separate facilities for mentally ill, retarded, or autistic
216	defendants who are found incompetent to proceed or who are
217	acquitted of a criminal offense by reason of insanity.
218	(11)(9)  "Incompetent to proceed" means unable to proceed
219	at any material stage of a criminal proceeding, which shall
220	include trial of the case, pretrial hearings involving questions
221	of fact on which the defendant might be expected to testify,
222	entry of a plea, proceedings for violation of probation or
223	violation of community control, sentencing, and hearings on
224	issues regarding a defendant's failure to comply with court
225	orders or conditions or other matters in which the mental
226	competence of the defendant is necessary for a just resolution
227	of the issues being considered.
228	(12)(10)  "Institutional security personnel" means the
229	staff of forensic facilities members who meet or exceed the
230	requirements of s. 943.13 and who are responsible for providing
231	security, protecting for protection of clients and personnel,
232	enforcing for the enforcement of rules, preventing and
233	investigating for prevention and investigation of unauthorized
234	activities, and for safeguarding the interests of citizens in
235	the surrounding communities.
236	(13)(11)  "Mental illness" means an impairment of the
237	emotional processes that exercise conscious control of one's
238	actions, or of the ability to perceive or understand reality,
239	which impairment substantially interferes with a defendant's
240	ability to meet the ordinary demands of living. For the purposes
241	of this chapter, the term does not apply to defendants with only
242	mental retardation or autism who are solely retarded or
243	autistic, and does not include intoxication or conditions
244	manifested only by antisocial behavior or substance abuse
245	impairment.
246	(14)  "Restraint" means a physical device, method, or drug
247	used to control dangerous behavior.
248	(a)  A physical restraint is any manual method or physical
249	or mechanical device, material, or equipment attached or
250	adjacent to a person's body so that he or she cannot easily
251	remove the restraint and that restricts freedom of movement or
252	normal access to one's body.
253	(b)  A drug used as a restraint is a medication used to
254	control the person's behavior or to restrict his or her freedom
255	of movement and not part of the standard treatment regimen of
256	the person with a diagnosed mental illness who is a client of
257	the department. Physically holding a person during a procedure
258	to forcibly administer psychotropic medication is a physical
259	restraint.
260	(c)  Restraint does not include physical devices, such as
261	orthopedically prescribed appliances, surgical dressings and
262	bandages, supportive body bands, or other physical holding when
263	necessary for routine physical examinations and tests; for
264	purposes of orthopedic, surgical, or other similar medical
265	treatment; when used to provide support for the achievement of
266	functional body position or proper balance; or when used to
267	protect a person from falling out of bed.
268	(15)(12)  "Retardation" has the same meaning as in s.
269	393.063. means significantly subaverage general intellectual
270	functioning existing concurrently with deficits in adaptive
271	behavior and manifested during the period from conception to age
272	18. "Significantly subaverage general intellectual functioning,"
273	for the purpose of this definition, means performance which is
274	two or more standard deviations from the mean score on a
275	standardized intelligence test specified in the rules of the
276	department. "Adaptive behavior," for the purpose of this
277	definition, means the effectiveness or degree with which an
278	individual meets the standards of personal independence and
279	social responsibility expected of the individual's age, cultural
280	group, and community.
281	(16)  "Seclusion" means the physical segregation of a
282	person in any fashion or the involuntary isolation of a person
283	in a room or area from which the person is prevented from
284	leaving. The prevention may be by physical barrier or by a staff
285	member who is acting in a manner, or who is physically situated,
286	so as to prevent the person from leaving the room or area. For
287	purposes of this chapter, the term does not mean isolation due
288	to a person's medical condition or symptoms, the confinement in
289	a forensic facility to a bedroom or area during normal hours of
290	sleep when there is not an active order for seclusion, or during
291	an emergency such as a riot or hostage situation when clients
292	may be temporarily placed in their rooms for their own safety.
293	(17)(13)  "Social service professional," for the purposes
294	of part III, means a person whose minimum qualifications include
295	a bachelor's degree and at least 2 years of social work,
296	clinical practice, special education, habilitation, or
297	equivalent experience working directly with persons with
298	retardation, autism, or other developmental disabilities.
299	Section 3.  Section 916.107, Florida Statutes, is amended
300	to read:
301	916.107  Rights of forensic clients.--
302	(1)  RIGHT TO INDIVIDUAL DIGNITY.--
303	(a)  The policy of the state is that the individual dignity
304	of the client shall be respected at all times and upon all
305	occasions, including any occasion when the forensic client is
306	detained, transported, or treated. Clients with mental illness,
307	retardation, or autism Defendants who are mentally ill,
308	retarded, or autistic and who are charged with committing
309	felonies shall receive appropriate treatment or training. In a
310	criminal case involving a client defendant who has been
311	adjudicated incompetent to proceed or not guilty by reason of
312	insanity, a jail may be used as an emergency facility for up to
313	15 days following from the date the department or agency
314	receives a completed copy of the court commitment order
315	containing all the documentation required by the applicable
316	Rules 3.212 and 3.217, Florida Rules of Criminal Procedure. For
317	a forensic client defendant who is mentally ill, retarded, or
318	autistic, who is held in a jail awaiting admission to a facility
319	of the department or agency, and who has been adjudicated
320	incompetent to proceed or not guilty by reason of insanity,
321	evaluation and treatment or training may shall be provided in
322	the jail by the local community mental health provider public
323	receiving facility for mental health services, or by the
324	developmental disabilities services program for persons with
325	retardation or autism, the client's physician or psychologist,
326	or any other appropriate program until the client is transferred
327	to a civil or forensic facility the custody of the department.
328	(b)  Forensic clients Mentally ill, retarded, or autistic
329	defendants who are committed to the department pursuant to this
330	chapter and who are initially placed in, or subsequently
331	transferred to, a civil facility as described in part I of
332	chapter 394 or to a residential facility as described in chapter
333	393 shall have the same rights as other persons committed to
334	these facilities for as long as they remain there.
335	(2)  RIGHT TO TREATMENT.--
336	(a)  The policy of the state is that neither the department
337	nor the agency shall not deny treatment or training to any
338	client and that no services shall be delayed at a facility
339	because the forensic client is indigent pursuant to s. 27.52 and
340	presently unable to pay. However, every reasonable effort to
341	collect appropriate reimbursement for the cost of providing
342	services to clients able to pay for the services, including
343	reimbursement from insurance or other third-party payments,
344	shall be made by facilities providing services pursuant to this
345	chapter and in accordance with the provisions of s. 402.33.
346	(b)  Each forensic client shall be given, at the time of
347	admission and at regular intervals thereafter, a physical
348	examination, which shall include screening for communicable
349	disease by a health practitioner authorized by law to give such
350	screenings and examinations.
351	(c)  Every forensic client committed pursuant to this act
352	shall be afforded the opportunity to participate in activities
353	designed to enhance self-image and the beneficial effects of
354	other treatments or training, as determined by the facility.
355	(d)  Not more than 30 days after admission, each client
356	shall have and receive, in writing, an individualized treatment
357	or training plan which the client has had an opportunity to
358	assist in preparing.
359	(3)  RIGHT TO EXPRESS AND INFORMED CONSENT.--
360	(a)  A forensic client committed to the department pursuant
361	to this act shall be asked to give express and informed written
362	consent for treatment. If a client in a forensic facility
363	refuses such treatment as is deemed necessary and essential by
364	the client's multidisciplinary treatment team at the forensic
365	facility for the appropriate care of the client and the safety
366	of the client or others, such treatment may be provided under
367	the following circumstances:
368	1.  In an emergency situation in which there is immediate
369	danger to the safety of the client or others, such treatment may
370	be provided upon the written order of a physician for a period
371	not to exceed 48 hours, excluding weekends and legal holidays.
372	If, after the 48-hour period, the client has not given express
373	and informed consent to the treatment initially refused, the
374	administrator or designee of the civil or forensic facility
375	shall, within 48 hours, excluding weekends and legal holidays,
376	petition the committing court or the circuit court serving the
377	county in which the facility is located, at the option of the
378	facility administrator or designee, for an order authorizing the
379	continued treatment of the client. In the interim, the need for
380	treatment shall be reviewed every 48 hours and may be continued
381	without the consent of the client upon the continued written
382	order of a physician who has determined that the emergency
383	situation continues to present a danger to the safety of the
384	client or others.
385	2.  In a situation other than an emergency situation, the
386	administrator or designee of the forensic facility shall
387	petition the court for an order authorizing necessary and
388	essential the treatment for to the client. The order shall allow
389	such treatment for a period not to exceed 90 days following from
390	the date of the entry of the order. Unless the court is notified
391	in writing that the client has provided express and informed
392	consent in writing or that the client has been discharged by the
393	committing court, the administrator or designee shall, prior to
394	the expiration of the initial 90-day order, petition the court
395	for an order authorizing the continuation of treatment for
396	another 90-day period. This procedure shall be repeated until
397	the client provides consent or is discharged by the committing
398	court.
399	3.  At the hearing on the issue of whether the court should
400	enter an order authorizing treatment for which a client was
401	unable to or has refused to give express and informed consent,
402	the court shall determine by clear and convincing evidence that
403	the client has mental illness, retardation, or autism is
404	mentally ill, retarded, or autistic as defined in this chapter,
405	that the treatment not consented to is essential to the care of
406	the client, and that the treatment not consented to is not
407	experimental and does not present an unreasonable risk of
408	serious, hazardous, or irreversible side effects. In arriving at
409	the substitute judgment decision, the court must consider at
410	least the following factors:
411	a.  The client's expressed preference regarding treatment;
412	b.  The probability of adverse side effects;
413	c.  The prognosis without treatment; and
414	d.  The prognosis with treatment.
415
416	The hearing shall be as convenient to the client as may be
417	consistent with orderly procedure and shall be conducted in
418	physical settings not likely to be injurious to the client's
419	condition. The court may appoint a general or special magistrate
420	to preside at the hearing. The client or the client's guardian,
421	and the representative, shall be provided with a copy of the
422	petition and the date, time, and location of the hearing. The
423	client has the right to have an attorney represent him or her at
424	the hearing, and, if the client is indigent, the court shall
425	appoint the office of the public defender to represent the
426	client at the hearing. The client may testify or not, as he or
427	she chooses, and has the right to cross-examine witnesses and
428	may present his or her own witnesses.
429	(b)  In addition to the provisions of paragraph (a), in the
430	case of surgical procedures requiring the use of a general
431	anesthetic or electroconvulsive treatment or nonpsychiatric
432	medical procedures, and prior to performing the procedure,
433	written permission shall be obtained from the client, if the
434	client is legally competent, from the parent or guardian of a
435	minor client, or from the guardian of an incompetent client. The
436	administrator or designee of the forensic facility or a
437	designated representative may, with the concurrence of the
438	client's attending physician, authorize emergency surgical or
439	nonpsychiatric medical treatment if such treatment is deemed
440	lifesaving or for a situation threatening serious bodily harm to
441	the client and permission of the client or the client's guardian
442	could not cannot be obtained before provision of the needed
443	treatment.
444	(4)  QUALITY OF TREATMENT.--
445	(a)  Each forensic client committed pursuant to this
446	chapter shall receive treatment or training suited to the
447	client's needs, which shall be administered skillfully, safely,
448	and humanely with full respect for the client's dignity and
449	personal integrity. Each client shall receive such medical,
450	vocational, social, educational, and rehabilitative services as
451	the client's condition requires to bring about a return to court
452	for disposition of charges or a return to the community. In
453	order to achieve this goal, the department and the agency shall
454	coordinate their services with each other, the Department of
455	Corrections, is directed to coordinate the services of the
456	Mental Health Program Office and the Developmental Disabilities
457	Program Office with all other programs of the department and
458	other appropriate state agencies.
459	(b)  Forensic clients shall be free from the unnecessary
460	use of restraint or seclusion. Restraints shall be employed only
461	in emergencies or to protect the client or others from imminent
462	injury. Restraints may not be employed as punishment or for the
463	convenience of staff.
464	(5)  COMMUNICATION, ABUSE REPORTING, AND VISITS.--
465	(a)  Each forensic client committed pursuant to the
466	provisions of this chapter has the right to communicate freely
467	and privately with persons outside the facility unless it is
468	determined that such communication is likely to be harmful to
469	the client or others. Clients shall have the right to contact
470	and to receive communication from their attorneys at any
471	reasonable time.
472	(a)(b)  Each forensic client committed under the provisions
473	of this chapter shall be allowed to receive, send, and mail
474	sealed, unopened correspondence; and no client's incoming or
475	outgoing correspondence shall be opened, delayed, held, or
476	censored by the facility unless there is reason to believe that
477	it contains items or substances that which may be harmful to the
478	client or others, in which case the administrator or designee
479	may direct reasonable examination of such mail and may regulate
480	the disposition of such items or substances. For purposes of
481	this paragraph, the term "correspondence" does shall not include
482	parcels or packages. Forensic facilities may are authorized to
483	promulgate reasonable institutional policies to provide for the
484	inspection of parcels or packages and for the removal of
485	contraband items for health or security reasons prior to the
486	contents being given to a client.
487	(b)(c)  If a client's right to communicate is restricted by
488	the administrator, written notice of such restriction and the
489	duration of the restriction shall be served on the client or his
490	or her legal guardian or representatives, and such restriction
491	shall be recorded on the client's clinical record with the
492	reasons therefor. The restriction of a client's right to
493	communicate shall be reviewed at least every 7 days.
494	(c)(d)  Each forensic facility shall establish reasonable
495	institutional policies governing visitors, visiting hours, and
496	the use of telephones by clients in the least restrictive manner
497	possible.
498	(d)(e)  Each forensic client committed pursuant to this
499	chapter shall have ready access to a telephone in order to
500	report an alleged abuse. The facility or program staff shall
501	orally and in writing inform each client of the procedure for
502	reporting abuse and shall present the information in a language
503	the client understands. A written copy of that procedure,
504	including the telephone number of the central abuse hotline and
505	reporting forms, shall be posted in plain view.
506	(e)(f)  The department's or agency's forensic facilities
507	shall develop policies providing a procedure for reporting
508	abuse. Facility staff shall be required, as a condition of
509	employment, to become familiar with the procedures for the
510	reporting of abuse.
511	(6)  CARE AND CUSTODY OF PERSONAL EFFECTS OF CLIENTS.--A
512	forensic client's right to possession of clothing and personal
513	effects shall be respected. The department or agency by rule, or
514	the administrator of any forensic facility by written
515	institutional policy, may declare certain items to be hazardous
516	to the health or welfare of clients or others or to the
517	operation of the facility. Such items may be restricted from
518	introduction into the facility or may be restricted from being
519	in a client's possession. The administrator or designee may take
520	temporary custody of such effects when required for medical and
521	safety reasons. Custody of such personal effects shall be
522	recorded in the client's clinical record.
523	(7)  VOTING IN PUBLIC ELECTIONS.--A forensic client
524	committed pursuant to this chapter who is eligible to vote
525	according to the laws of the state has the right to vote in the
526	primary and general elections. The department and agency shall
527	establish rules to enable clients to obtain voter registration
528	forms, applications for absentee ballots, and absentee ballots.
529	(8)  CLINICAL RECORD; CONFIDENTIALITY.--A clinical record
530	for each forensic client shall be maintained. The record shall
531	include data pertaining to admission and such other information
532	as may be required under rules of the department or the agency.
533	Unless waived by express and informed consent of the client or
534	the client's legal guardian or, if the client is deceased, by
535	the client's personal representative or by that family member
536	who stands next in line of intestate succession or except as
537	otherwise provided in this subsection, the clinical record is
538	confidential and exempt from the provisions of s. 119.07(1) and
539	s. 24(a), Art. I of the State Constitution.
540	(a)  Such clinical record may be released:
541	1.  To such persons and agencies as are designated by the
542	client or the client's legal guardian.
543	2.  To persons authorized by order of court and to the
544	client's counsel when the records are needed by the counsel for
545	adequate representation.
546	3.  To a qualified researcher, as defined by rule; a staff
547	member of the facility; or an employee of the department or
548	agency when the administrator of the facility, or secretary or
549	director of the department or agency, deems it necessary for
550	treatment of the client, maintenance of adequate records,
551	compilation of treatment data, or evaluation of programs.
552	4.  For statistical and research purposes if the
553	information is abstracted in such a way as to protect the
554	identity of individuals.
555	5.  If a client receiving services pursuant to this chapter
556	has declared an intention to harm other persons. When such a
557	declaration has been made, the administrator shall authorize the
558	release of sufficient information to provide adequate warning to
559	the person threatened with harm by the client, and to the
560	committing court, the state attorney, and the attorney
561	representing the client.
562	6.  To the parent or next of kin of a client mentally ill,
563	retarded, or autistic person who is committed to, or is being
564	served by, a facility or program when such information is
565	limited to that person's service plan and current physical and
566	mental condition. Release of such information shall be in
567	accordance with the code of ethics of the profession involved
568	and must comply with all state and federal laws and regulations
569	pertaining to the release of personal health information.
570	(b)  Notwithstanding other provisions of this subsection,
571	the department or agency may request or receive from or provide
572	to any of the following entities client information to
573	facilitate treatment, habilitation, rehabilitation, and
574	continuity of care of any forensic client:
575	1.  The Social Security Administration and the United
576	States Department of Veterans Affairs;
577	2.  Law enforcement agencies, state attorneys, defense
578	attorneys, and judges in regard to the client's status;
579	3.  Jail personnel in the jail in to which a client may be
580	housed returned; and
581	4.  Community agencies and others expected to provide
582	followup care to the client upon the client's return to the
583	community.
584	(c)  The department or agency may provide notice to any
585	client's next of kin or first representative regarding any
586	serious medical illness or the death of the client.
587	(d)1.  Any law enforcement agency, facility, or other
588	governmental agency that receives information pursuant to this
589	subsection shall maintain the confidentiality of such
590	information except as otherwise provided herein.
591	2.  Any agency or private practitioner who acts in good
592	faith in releasing information pursuant to this subsection is
593	not subject to civil or criminal liability for such release.
594	(9)  HABEAS CORPUS.--
595	(a)  At any time, and without notice, a forensic client
596	detained by a facility, or a relative, friend, guardian,
597	representative, or attorney on behalf of such client, may
598	petition for a writ of habeas corpus to question the cause and
599	legality of such detention and request that the committing court
600	issue a writ for release. Each client committed pursuant to this
601	chapter shall receive a written notice of the right to petition
602	for a writ of habeas corpus.
603	(b)  A client or his or her legal guardian or
604	representatives or attorney may file a petition in the circuit
605	court in the county where the client is committed alleging that
606	the client is being unjustly denied a right or privilege granted
607	herein or that a procedure authorized herein is being abused.
608	Upon the filing of such a petition, the circuit court shall have
609	the authority to conduct a judicial inquiry and to issue any
610	appropriate order to correct an abuse of the provisions of this
611	chapter.
612	(10)  TRANSPORTATION.--
613	(a)  The sheriff shall consult with the governing board of
614	the county as to the most appropriate and cost-effective means
615	of transportation for forensic clients who have been committed
616	for treatment or training. Such consultation shall include, but
617	is not limited to, consideration of the cost to the county of
618	transportation performed by sheriff's department personnel as
619	opposed to transportation performed by other means and, if
620	sheriff's department personnel are to be used for
621	transportation, the effect such use will have, if any, on
622	service delivery levels of the sheriff's road patrol. After such
623	consultation with the governing board of the county, the sheriff
624	shall determine the most appropriate and cost-effective means of
625	transportation for forensic clients committed for treatment or
626	training.
627	(b)  The governing board of each county is authorized to
628	contract with private transport companies for the transportation
629	of such clients to and from a facility.
630	(c)  Any company that transports a client pursuant to this
631	section is considered an independent contractor and is solely
632	liable for the safe and dignified transportation of the client.
633	Any transport company that contracts with the governing board of
634	a county for the transport of clients as provided for in this
635	section shall be insured and provide no less than $100,000 in
636	liability insurance with respect to the transportation of the
637	clients.
638	(d)  Any company that contracts with a governing board of a
639	county to transport clients shall comply with the applicable
640	rules of the department or agency to ensure the safety and
641	dignity of the clients.
642	(11)  LIABILITY FOR VIOLATIONS.--Any person who violates or
643	abuses any rights or privileges of a forensic client in the
644	custody of the department or agency that are provided under this
645	chapter shall be by this act is liable for damages as determined
646	by law. Any person who acts in good faith in complying with the
647	provisions of this chapter act is immune from civil or criminal
648	liability for his or her actions in connection with the
649	admission, diagnosis, treatment, training, or discharge of a
650	client to or from a facility. However, this subsection does not
651	relieve any person from liability if he or she is negligent.
652	Section 4.  Subsections (1), (2), (3), (4), and (5) of
653	section 916.1075, Florida Statutes, are amended to read:
654	916.1075  Sexual misconduct prohibited; reporting required;
655	penalties.--
656	(1)  As used in this section, the term:
657	(a)  "Covered person" means an employee," includes any paid
658	staff member, volunteer, or intern of the department or agency;
659	any person under contract with the department or agency; and any
660	person providing care or support to a forensic client on behalf
661	of the department, the agency, or their its providers.
662	(b)  "Sexual activity" means:
663	1.  Fondling the genital area, groin, inner thighs,
664	buttocks, or breasts of a person.
665	2.  The oral, anal, or vaginal penetration by or union with
666	the sexual organ of another or the anal or vaginal penetration
667	of another by any other object.
668	3.  Intentionally touching in a lewd or lascivious manner
669	the breasts, genitals, the genital area, or buttocks, or the
670	clothing covering them, of a person, or forcing or enticing a
671	person to touch the perpetrator.
672	4.  Intentionally masturbating in the presence of another
673	person.
674	5.  Intentionally exposing the genitals in a lewd or
675	lascivious manner in the presence of another person.
676	6.  Intentionally committing any other sexual act that does
677	not involve actual physical or sexual contact with the victim,
678	including, but not limited to, sadomasochistic abuse, sexual
679	bestiality, or the simulation of any act involving sexual
680	activity in the presence of a victim.
681	(c)  "Sexual misconduct" means any sexual activity between
682	a covered person an employee and a forensic client in the
683	custody of the department or agency, regardless of the consent
684	of the client. The term does not include an act done for a bona
685	fide medical purpose or an internal search conducted in the
686	lawful performance of duty by a covered person an employee.
687	(2)  A covered person An employee who engages in sexual
688	misconduct with a forensic client who resides in a civil or
689	forensic facility commits a felony of the second degree,
690	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
691	Such person An employee may be found guilty of violating this
692	subsection without having committed the crime of sexual battery.
693	(3)  The consent of a forensic the client to sexual
694	activity is not a defense to prosecution under this section.
695	(4)  This section does not apply to a covered person an
696	employee who:
697	(a)  Is legally married to the client; or
698	(b)  Has no reason to believe that the person with whom the
699	covered person employee engaged in sexual misconduct is a client
700	receiving services as described in subsection (2).
701	(5)  A covered person An employee who witnesses sexual
702	misconduct, or who otherwise knows or has reasonable cause to
703	suspect that a person has engaged in sexual misconduct, shall
704	immediately report the incident to the department's central
705	abuse hotline and to the appropriate local law enforcement
706	agency. The covered person Such employee shall also prepare,
707	date, and sign an independent report that specifically describes
708	the nature of the sexual misconduct, the location and time of
709	the incident, and the persons involved. For an allegation
710	pertaining to a forensic client committed to the department or
711	agency, the covered person employee shall deliver the report
712	directly to the department's or agency's inspector general, as
713	appropriate, or to the supervisor or program director, who shall
714	provide copies to the department's or agency's is responsible
715	for providing copies to the department's inspector general. The
716	inspector general shall immediately conduct an appropriate
717	administrative investigation, and, if there is probable cause to
718	believe that sexual misconduct has occurred, the inspector
719	general shall notify the state attorney in the circuit in which
720	the incident occurred.
721	Section 5.  Section 916.1081, Florida Statutes, is amended
722	to read:
723	916.1081  Escape from program; penalty.--
724	(1)  A forensic client who is A defendant involuntarily
725	committed to the department or agency, who is in the custody of
726	the department or agency, and under the provisions of this
727	chapter who escapes or attempts to escape from a civil or
728	forensic facility or program commits a felony of the second
729	degree, punishable as provided in s. 775.082, s. 775.083, or s.
730	775.084.
731	(2)  A person who is involuntarily committed to the
732	department or the agency, who is in the custody of the
733	Department of Corrections, and who escapes or attempts to escape
734	from a facility or program commits a felony of the second
735	degree, punishable as provided in s. 775.082, s. 775.083, or s.
736	775.084. Any punishment of imprisonment imposed under this
737	subsection shall run consecutive to any former sentence imposed
738	upon the person.
739	Section 6.  Subsection (1) and paragraph (b) of subsection
740	(2) of section 916.1085, Florida Statutes, are amended to read:
741	916.1085  Introduction or removal of certain articles
742	unlawful; penalty.--
743	(1)(a)  Except as authorized by law or as specifically
744	authorized by the person in charge of a facility, it is unlawful
745	to introduce into or upon the grounds of any facility under the
746	supervision or control of the department or agency, or to take
747	or attempt to take or send therefrom, any of the following
748	articles, which are hereby declared to be contraband for the
749	purposes of this section:
750	1.  Any intoxicating beverage or beverage which causes or
751	may cause an intoxicating effect;
752	2.  Any controlled substance as defined in chapter 893;
753	3.  Any firearm or deadly weapon; or
754	4.  Any other item as determined by the department or the
755	agency, and as designated by departmental rule or by the
756	administrator of any facility, and designated by written
757	institutional policies, to be hazardous to the welfare of
758	clients patients or the operation of the facility.
759	(b)  It is unlawful to transmit to, attempt to transmit to,
760	or cause or attempt to cause to be transmitted to or received by
761	any client of any facility under the supervision or control of
762	the department or agency any article or thing declared by this
763	section to be contraband, at any place that which is outside of
764	the grounds of such facility, except as authorized by law or as
765	specifically authorized by the person in charge of such
766	facility.
767	(2)
768	(b)  These provisions shall be enforced by institutional
769	security personnel as defined in s. 916.106(10) or by a law
770	enforcement officer as defined in s. 943.10.
771	Section 7.  Section 916.1091, Florida Statutes, is amended
772	to read:
773	916.1091  Duties, functions, and powers of institutional
774	security personnel.--In case of emergency, and when necessary to
775	provide protection and security to any client, to the personnel,
776	equipment, buildings, or grounds of a department or agency
777	facility, or to citizens in the surrounding community,
778	institutional security personnel may, when authorized by the
779	administrator of the facility or her or his designee when the
780	administrator is not present, use a chemical weapon against a
781	patient housed in a forensic facility. However, such weapon
782	shall be used only to the extent necessary to provide such
783	protection and security. Under no circumstances shall any such
784	officer carry a chemical weapon on her or his person except
785	during the period of the emergency for which its use was
786	authorized. All chemical weapons shall be placed in secure
787	storage when their use is not authorized as provided in this
788	section.
789	Section 8.  Section 916.1093, Florida Statutes, is amended
790	to read:
791	916.1093  Operation and administration; rules.--
792	(1)  The department or agency may is authorized to enter
793	into contracts and do such things as may be necessary and
794	incidental to assure compliance with and to carry out the
795	provisions of this chapter in accordance with the stated
796	legislative intent.
797	(2)  The department and agency are authorized has authority
798	to adopt rules pursuant to ss. 120.536(1) and 120.54 to
799	implement the provisions of this chapter. Such rules must
800	address the use of restraint and seclusion in forensic
801	facilities and must be consistent with recognized best
802	practices; prohibit inherently dangerous restraint or seclusion
803	procedures; establish limitations on the use and duration of
804	restraint and seclusion; establish measures to ensure the safety
805	of clients and staff during an incident of restraint or
806	seclusion; establish procedures for staff to follow before,
807	during, and after incidents of restraint or seclusion; establish
808	professional qualifications of and training for staff who may
809	order or be engaged in the use of restraint or seclusion;
810	provide data reporting and data collection procedures relating
811	to the use of restraint and seclusion; and provide for the
812	documentation of the use of restraint or seclusion in the
813	client's facility record.
814	Section 9.  Subsection (1) of section 916.111, Florida
815	Statutes, is amended to read:
816	916.111  Training of mental health experts.--The evaluation
817	of defendants for competency to proceed or for sanity at the
818	time of the commission of the offense shall be conducted in such
819	a way as to ensure uniform application of the criteria
820	enumerated in Rules 3.210 and 3.216, Florida Rules of Criminal
821	Procedure. The department shall develop, and may contract with
822	accredited institutions:
823	(1)  To provide:
824	(a)  A plan for training community mental health
825	professionals to perform forensic evaluations and to standardize
826	the criteria and procedures to be used in these evaluations;
827	(b)  Clinical protocols and procedures based upon the
828	criteria of Rules 3.210 and 3.216, Florida Rules of Criminal
829	Procedure; and
830	(c)  Training for community mental health professionals in
831	the application of these protocols and procedures in performing
832	forensic evaluations and providing reports to the courts; and
833	Section 10.  Section 916.115, Florida Statutes, is amended
834	to read:
835	916.115  Appointment of experts.--
836	(1)(a)  Annually, the department shall provide the courts
837	with a list of mental health professionals who have completed
838	approved training as experts.
839	(b)  The court shall may appoint no more than three experts
840	to determine issues of the mental condition of a defendant in a
841	criminal case, including the issues of competency to proceed,
842	insanity, and involuntary hospitalization or placement, and
843	treatment. The experts An expert may evaluate the defendant in
844	jail or in another appropriate local facility or in a facility
845	of the Department of Corrections.
846	(a)(c)  To the extent possible, the an appointed experts
847	expert shall have completed forensic evaluator training approved
848	by the department and each shall be either a psychiatrist,
849	licensed psychologist, or physician.
850	(b)  The department shall maintain and annually provide the
851	courts with a list of available mental health professionals who
852	have completed the approved training as experts.
853	(2)  Expert witnesses appointed by the court to evaluate
854	the mental condition of a defendant in a criminal case shall be
855	allowed reasonable fees for services rendered as evaluators of
856	competence or sanity and as witnesses.
857	(a)1.  The court shall pay for any expert that it appoints
858	by court order, upon motion of counsel for the defendant or the
859	state or upon its own motion. If the defense or the state
860	retains an expert and waives the confidentiality of the expert's
861	report, the court may pay for no more than two additional
862	experts appointed by court order. If an expert appointed by the
863	court upon motion of counsel for the defendant specifically to
864	evaluate the competence of the defendant to proceed also
865	addresses in his or her evaluation issues related to sanity as
866	an affirmative defense, the court shall pay only for that
867	portion of the expert's fees relating to the evaluation on
868	competency to proceed, and the balance of the fees shall be
869	chargeable to the defense.
870	(a)2.  Pursuant to s. 29.006, the office of the public
871	defender shall pay for any expert retained by the office.
872	(b)3.  Pursuant to s. 29.005, the office of the state
873	attorney shall pay for any expert retained by the office and.
874	Notwithstanding subparagraph 1., the office of the state
875	attorney shall pay for any expert whom the office retains and
876	whom the office moves the court to appoint in order to ensure
877	that the expert has access to the defendant.
878	(c)4.  An expert retained by the defendant who is
879	represented by private counsel appointed under s. 27.5303 shall
880	be paid by the Justice Administrative Commission.
881	(d)5.  An expert retained by a defendant who is indigent
882	for costs as determined by the court and who is represented by
883	private counsel, other than private counsel appointed under s.
884	27.5303, on a fee or pro bono basis, or who is representing
885	himself or herself, shall be paid by the Justice Administrative
886	Commission from funds specifically appropriated for these
887	expenses.
888	(e)(b)  State employees shall be reimbursed for paid
889	expenses pursuant to s. 112.061.
890	(f)(c)  The fees shall be taxed as costs in the case.
891	(g)(d)  In order for an expert to be paid for the services
892	rendered, the expert's report and testimony must explicitly
893	address each of the factors and follow the procedures set out in
894	this chapter and in the Florida Rules of Criminal Procedure.
895	Section 11.  Subsections (1), (2), and (3) of section
896	916.12, Florida Statutes, are amended to read:
897	916.12  Mental competence to proceed.--
898	(1)  A defendant is incompetent to proceed within the
899	meaning of this chapter if the defendant does not have
900	sufficient present ability to consult with her or his lawyer
901	with a reasonable degree of rational understanding or if the
902	defendant has no rational, as well as factual, understanding of
903	the proceedings against her or him.
904	(2)  Mental health experts appointed pursuant to s. 916.115
905	An expert shall first determine whether the defendant has a
906	mental illness person is mentally ill and, if so, consider the
907	factors related to the issue of whether the defendant meets the
908	criteria for competence to proceed as described in subsection
909	(1); that is, whether the defendant has sufficient present
910	ability to consult with counsel with a reasonable degree of
911	rational understanding and whether the defendant has a rational,
912	as well as factual, understanding of the pending proceedings. A
913	defendant must be evaluated by no fewer than two experts before
914	the court commits the defendant or takes other action authorized
915	by this chapter or the Florida Rules of Criminal Procedure,
916	except if one expert finds that the defendant is incompetent to
917	proceed and the parties stipulate to that finding, the court may
918	commit the defendant or take other action authorized by this
919	chapter or the rules without further evaluation or hearing, or
920	the court may appoint no more than two additional experts to
921	evaluate the defendant. Notwithstanding any stipulation by the
922	state and the defendant, the court may require a hearing with
923	testimony from the expert or experts before ordering the
924	commitment of a defendant.
925	(3)  In considering the issue of competence to proceed, an
926	examining expert shall first consider and specifically include
927	in his or her report the defendant's capacity to:
928	(a)  Appreciate the charges or allegations against the
929	defendant.;
930	(b)  Appreciate the range and nature of possible penalties,
931	if applicable, that may be imposed in the proceedings against
932	the defendant.;
933	(c)  Understand the adversarial nature of the legal
934	process.;
935	(d)  Disclose to counsel facts pertinent to the proceedings
936	at issue.;
937	(e)  Manifest appropriate courtroom behavior.; and
938	(f)  Testify relevantly.;
939	(g)  and include in his or her report Any other factor
940	deemed relevant by the expert.
941	Section 12.  Section 916.13, Florida Statutes, is amended
942	to read:
943	916.13  Involuntary commitment of defendant adjudicated
944	incompetent.--
945	(1)  Every defendant who is charged with a felony and who
946	is adjudicated incompetent to proceed, pursuant to the
947	applicable Florida Rules of Criminal Procedure, may be
948	involuntarily committed for treatment upon a finding by the
949	court of clear and convincing evidence that:
950	(a)  The defendant has a mental illness is mentally ill and
951	because of the mental illness:
952	1.  The defendant is manifestly incapable of surviving
953	alone or with the help of willing and responsible family or
954	friends, including available alternative services, and, without
955	treatment, the defendant is likely to suffer from neglect or
956	refuse to care for herself or himself and such neglect or
957	refusal poses a real and present threat of substantial harm to
958	the defendant's well-being; or and
959	2.  There is a substantial likelihood that in the near
960	future the defendant will inflict serious bodily harm on herself
961	or himself or another person, as evidenced by recent behavior
962	causing, attempting, or threatening such harm;
963	(b)  All available, less restrictive treatment
964	alternatives, including treatment in community residential
965	facilities or community inpatient or outpatient settings, which
966	would offer an opportunity for improvement of the defendant's
967	condition have been judged to be inappropriate; and
968	(c)  There is a substantial probability that the mental
969	illness causing the defendant's incompetence will respond to
970	treatment and the defendant will regain competency to proceed in
971	the reasonably foreseeable future.
972	(2)  A defendant who has been charged with a felony and who
973	has been adjudicated incompetent to proceed due to mental
974	illness, and who meets the criteria for involuntary commitment
975	to the department under the provisions of this chapter, may be
976	committed to the department, and the department shall retain and
977	treat the defendant. No later than 6 months after the date of
978	admission and or at the end of any period of extended
979	commitment, or at any time the administrator or designee shall
980	have determined that the defendant has regained competency to
981	proceed or no longer meets the criteria for continued
982	commitment, the administrator or designee shall file a report
983	with the court pursuant to the applicable Florida Rules of
984	Criminal Procedure.
985	Section 13.  Section 916.145, Florida Statutes, is amended
986	to read:
987	916.145  Adjudication of incompetency due to mental
988	illness; Dismissal of charges.--The charges against any
989	defendant adjudicated incompetent to proceed due to the
990	defendant's mental illness shall be dismissed without prejudice
991	to the state if the defendant remains incompetent to proceed 5
992	years after such determination, unless the court in its order
993	specifies its reasons for believing that the defendant will
994	become competent to proceed within the foreseeable future and
995	specifies the time within which the defendant is expected to
996	become competent to proceed. The charges against the defendant
997	are dismissed without prejudice to the state to refile the
998	charges should the defendant be declared competent to proceed in
999	the future.
1000	Section 14.  Section 916.15, Florida Statutes, is amended
1001	to read:
1002	916.15  Involuntary commitment of defendant adjudicated not
1003	guilty by reason of insanity.--
1004	(1)  The determination of whether a defendant is not guilty
1005	by reason of insanity shall be determined in accordance with
1006	Rule 3.217, Florida Rules of Criminal Procedure.
1007	(2)(1)  A defendant who is acquitted of criminal charges
1008	because of a finding of not guilty by reason of insanity may be
1009	involuntarily committed pursuant to such finding if the
1010	defendant has a mental illness is mentally ill and, because of
1011	the illness, is manifestly dangerous to himself or herself or
1012	others.
1013	(3)(2)  Every defendant acquitted of criminal charges by
1014	reason of insanity and found to meet the criteria for
1015	involuntary commitment may be committed and treated in
1016	accordance with the provisions of this section and the
1017	applicable Florida Rules of Criminal Procedure. The department
1018	shall admit a defendant so adjudicated to an appropriate
1019	facility or program for treatment and shall retain and treat
1020	such defendant. No later than 6 months after the date of
1021	admission, prior to the end of any period of extended
1022	commitment, or at any time the administrator or designee shall
1023	have determined that the defendant no longer meets the criteria
1024	for continued commitment placement, the administrator or
1025	designee shall file a report with the court pursuant to the
1026	applicable Florida Rules of Criminal Procedure.
1027	(4)(3)  In all proceedings under this section subsection,
1028	both the defendant and the state shall have the right to a
1029	hearing before the committing court. Evidence at such hearing
1030	may be presented by the hospital administrator or the
1031	administrator's designee as well as by the state and the
1032	defendant. The defendant shall have the right to counsel at any
1033	such hearing. In the event that a defendant is determined to be
1034	indigent pursuant to s. 27.52, the public defender shall
1035	represent the defendant. The parties shall have access to the
1036	defendant's records at the treating facilities and may interview
1037	or depose personnel who have had contact with the defendant at
1038	the treating facilities.
1039	Section 15.  Section 916.16, Florida Statutes, is amended
1040	to read:
1041	916.16  Jurisdiction of committing court.--
1042	(1)  The committing court shall retain jurisdiction over in
1043	the case of any defendant involuntarily committed due to a
1044	determination of incompetency hospitalized as incompetent to
1045	proceed due to mental illness or because of a finding of not
1046	guilty by reason of insanity pursuant to this chapter. The No
1047	such defendant may not be released except by order of the
1048	committing court. An The administrative hearing examiner does
1049	not shall have no jurisdiction to determine issues of continuing
1050	commitment hospitalization or release of any defendant
1051	involuntarily committed admitted pursuant to this chapter.
1052	(2)  The committing court shall retain jurisdiction in the
1053	case of any defendant placed on conditional release pursuant to
1054	s. 916.17. No Such defendant may not be released from the
1055	conditions of release except by order of the committing court.
1056	Section 16.  Section 916.17, Florida Statutes, is amended
1057	to read:
1058	916.17  Conditional release.--
1059	(1)  Except for an inmate currently serving a prison
1060	sentence, The committing court may order a conditional release
1061	of any defendant who has been found to be incompetent to proceed
1062	or not guilty by reason of insanity, based on an approved plan
1063	for providing appropriate outpatient care and treatment. the
1064	committing court may order a conditional release of any
1065	defendant in lieu of an involuntary commitment to a facility
1066	pursuant to s. 916.13 or s. 916.15 based upon an approved plan
1067	for providing appropriate outpatient care and treatment. Upon a
1068	recommendation that outpatient treatment of the defendant is
1069	appropriate, a written plan for outpatient treatment, including
1070	recommendations from qualified professionals, must be filed with
1071	the court, with copies to all parties. Such a plan may also be
1072	submitted by the defendant and filed with the court with copies
1073	to all parties. The plan shall include:
1074	(a)  Special provisions for residential care or adequate
1075	supervision of the defendant.
1076	(b)  Provisions for outpatient mental health services.
1077	(c)  If appropriate, recommendations for auxiliary services
1078	such as vocational training, educational services, or special
1079	medical care.
1080
1081	In its order of conditional release, the court shall specify the
1082	conditions of release based upon the release plan and shall
1083	direct the appropriate agencies or persons to submit periodic
1084	reports to the court regarding the defendant's compliance with
1085	the conditions of the release and progress in treatment, with
1086	copies to all parties.
1087	(2)  Upon the filing of an affidavit or statement under
1088	oath by any person that the defendant has failed to comply with
1089	the conditions of release, that the defendant's condition has
1090	deteriorated to the point that inpatient care is required, or
1091	that the release conditions should be modified, the court shall
1092	hold a hearing within 7 days after receipt of the affidavit or
1093	statement under oath. After the hearing, the court may modify
1094	the release conditions. The court may also order that the
1095	defendant be returned to the department if it is found, after
1096	the appointment and report of experts, that the person meets the
1097	criteria for involuntary commitment under s. 916.13 or s. 916.15
1098	treatment.
1099	(3)  If at any time it is determined after a hearing that
1100	the defendant who has been conditionally released under
1101	subsection (1) no longer requires court-supervised followup
1102	care, the court shall terminate its jurisdiction in the cause
1103	and discharge the defendant.
1104	Section 17.  Section 916.301, Florida Statutes, is amended
1105	to read:
1106	916.301  Appointment of experts.--
1107	(1)  All evaluations ordered by the court under this part
1108	must be conducted by qualified experts who have expertise in
1109	evaluating persons with retardation or autism. The agency
1110	department shall maintain and provide the courts annually with a
1111	list of available retardation and autism professionals who are
1112	appropriately licensed and qualified to perform evaluations of
1113	defendants alleged to be incompetent to proceed due to
1114	retardation or autism. The courts may use professionals from
1115	this list when appointing experts and ordering evaluations under
1116	this part for defendants suspected of being retarded or
1117	autistic.
1118	(2)  If a defendant's suspected mental condition is
1119	retardation or autism, the court shall appoint the following:
1120	two experts, one of whom must be the developmental services
1121	program of the department, each of whom will evaluate whether
1122	the defendant meets the definition of retardation or autism and,
1123	if so, whether the defendant is competent to proceed.
1124	(a)(3)  At least one, or at the request of any party, two
1125	experts the court may appoint one additional expert to evaluate
1126	the defendant. The expert appointed by the court will evaluate
1127	whether the defendant meets the definition of retardation or
1128	autism and, if so, whether the defendant is competent to
1129	proceed.
1130	(b)(4)  The developmental services program shall select A
1131	psychologist selected by the agency who is licensed or
1132	authorized by law to practice in this state, with experience in
1133	evaluating persons suspected of having retardation or autism,
1134	and a social service professional, with experience in working
1135	with persons with retardation or autism to evaluate the
1136	defendant.
1137	1.(a)  The psychologist shall evaluate whether the
1138	defendant meets the definition of retardation or autism and, if
1139	so, whether the defendant is incompetent to proceed due to
1140	retardation or autism.
1141	2.(b)  The social service professional shall provide a
1142	social and developmental history of the defendant.
1143	(5)  All evaluations ordered by the court must be from
1144	qualified experts with experience in evaluating persons with
1145	retardation or autism.
1146	(3)(6)  The panel of experts may examine the defendant in
1147	jail, in another appropriate local facility, in a facility of
1148	the Department of Corrections, or on an outpatient basis.
1149	(4)(7)  Experts Expert witnesses appointed by the court to
1150	evaluate the mental condition of a defendant in a criminal case
1151	shall be allowed reasonable fees for services rendered as
1152	evaluators and as witnesses, which shall be paid by the court.
1153	State employees shall be paid expenses pursuant to s. 112.061.
1154	The fees shall be taxed as costs in the case. In order for the
1155	experts to be paid for the services rendered, the reports and
1156	testimony must explicitly address each of the factors and follow
1157	the procedures set out in this chapter and in the Florida Rules
1158	of Criminal Procedure.
1159	Section 18.  Subsections (1), (2), and (3) of section
1160	916.3012, Florida Statutes, are amended to read:
1161	916.3012  Mental competence to proceed.--
1162	(1)  A defendant whose suspected mental condition is
1163	retardation or autism is incompetent to proceed within the
1164	meaning of this chapter if the defendant does not have
1165	sufficient present ability to consult with the defendant's
1166	lawyer with a reasonable degree of rational understanding or if
1167	the defendant has no rational, as well as factual, understanding
1168	of the proceedings against the defendant.
1169	(2)  The Experts in retardation or autism appointed
1170	pursuant to s. 916.301 shall first consider whether the
1171	defendant meets the definition of retardation or autism and, if
1172	so, consider the factors related to the issue of whether the
1173	defendant meets the criteria for competence to proceed as
1174	described in subsection (1); that is, whether the defendant has
1175	sufficient present ability to consult with counsel with a
1176	reasonable degree of rational understanding and whether the
1177	defendant has a rational, as well as factual, understanding of
1178	the pending proceedings.
1179	(3)  In considering the issue of competence to proceed, the
1180	examining experts shall first consider and specifically include
1181	in their report the defendant's capacity to:
1182	(a)  Appreciate the charges or allegations against the
1183	defendant.;
1184	(b)  Appreciate the range and nature of possible penalties,
1185	if applicable, that may be imposed in the proceedings against
1186	the defendant.;
1187	(c)  Understand the adversarial nature of the legal
1188	process.;
1189	(d)  Disclose to counsel facts pertinent to the proceedings
1190	at issue.;
1191	(e)  Manifest appropriate courtroom behavior.; and
1192	(f)  Testify relevantly.;
1193	(g)  and include in their report Any other factor deemed
1194	relevant by the experts.
1195	Section 19.  Section 916.302, Florida Statutes, is amended
1196	to read:
1197	916.302  Involuntary commitment of defendant determined to
1198	be incompetent to proceed due to retardation or autism.--
1199	(1)  CRITERIA.--Every defendant who is charged with a
1200	felony and who is adjudicated found to be incompetent to proceed
1201	due to retardation or autism, pursuant to this chapter and the
1202	applicable Florida Rules of Criminal Procedure, may be
1203	involuntarily committed for training upon a finding by the court
1204	of clear and convincing evidence that:
1205	(a)  The defendant has retardation or autism is retarded or
1206	autistic;
1207	(b)  There is a substantial likelihood that in the near
1208	future the defendant will inflict serious bodily harm on himself
1209	or herself or another person, as evidenced by recent behavior
1210	causing, attempting, or threatening such harm;
1211	(c)  All available, less restrictive alternatives,
1212	including services provided in community residential facilities
1213	or other community settings, which would offer an opportunity
1214	for improvement of the condition have been judged to be
1215	inappropriate; and
1216	(d)  There is a substantial probability that the
1217	retardation or autism causing the defendant's incompetence will
1218	respond to training and the defendant will regain competency to
1219	proceed in the reasonably foreseeable future.
1220	(2)  ADMISSION TO A FACILITY.--
1221	(a)  A defendant who has been charged with a felony and who
1222	is found to be incompetent to proceed due to retardation or
1223	autism, and who meets the criteria for involuntary commitment to
1224	the agency department under the provisions of this chapter,
1225	shall be committed to the agency department, and the agency
1226	department shall retain and provide appropriate training for
1227	serve the defendant. No later than 6 months after the date of
1228	admission or at the end of any period of extended commitment or
1229	at any time the administrator or designee shall have determined
1230	that the defendant has regained competency to proceed or no
1231	longer meets the criteria for continued commitment, the
1232	administrator or designee shall file a report with the court
1233	pursuant to this chapter and the applicable Florida Rules of
1234	Criminal Procedure.
1235	(b)  A defendant determined to be incompetent to proceed
1236	due to retardation or autism may be ordered by a circuit court
1237	into a forensic secure facility designated by the agency
1238	department for retarded or autistic defendants who have mental
1239	retardation or autism.
1240	(c)  The agency department may transfer a defendant from a
1241	designated forensic secure facility to another designated
1242	forensic secure facility and must notify the court of the
1243	transfer within 30 days after the transfer is completed.
1244	(d)  The agency department may not transfer a defendant
1245	from a designated forensic secure facility to a civil nonsecure
1246	facility without first notifying the court, and all parties, 30
1247	days before the proposed transfer. If the court objects to the
1248	proposed transfer to a nonsecure facility, it must send its
1249	written objection to the agency department. The agency
1250	department may transfer the defendant unless it receives the
1251	written objection from the court within 30 days after the
1252	court's receipt of the notice of the proposed transfer.
1253	(3)  PLACEMENT OF DUALLY DIAGNOSED DEFENDANTS.--
1254	(a)  If a defendant has is both mental retardation or
1255	autism retarded or autistic and has a mental illness mentally
1256	ill, evaluations must address which condition is primarily
1257	affecting the defendant's competency to proceed. Referral of the
1258	defendant should be made to a civil or forensic the facility or
1259	program most appropriate to address the symptoms that which are
1260	the cause of the defendant's incompetence.
1261	(b)  Transfer from one civil or forensic facility or
1262	program to another civil or forensic facility or program may
1263	occur when, in the department's and agency's judgment, it is in
1264	the defendant's best treatment or training interests. The
1265	department and agency shall submit an evaluation and
1266	justification for the transfer to the court. The court may
1267	consult with an outside expert if necessary. Transfer will
1268	require an amended order from the committing court.
1269	Section 20.  Section 916.3025, Florida Statutes, is amended
1270	to read:
1271	916.3025  Jurisdiction of committing court.--
1272	(1)  The committing court shall retain jurisdiction in the
1273	case of any defendant found to be incompetent to proceed due to
1274	retardation or autism and ordered into a forensic secure
1275	facility designated by the agency department for retarded or
1276	autistic defendants who have mental retardation or autism. A No
1277	defendant may not be released except by the order of the
1278	committing court. An administrative hearing examiner does not
1279	have jurisdiction to determine issues of continuing commitment
1280	or release of any defendant involuntarily committed pursuant to
1281	this chapter.
1282	(2)  The committing court shall retain jurisdiction in the
1283	case of any defendant placed on conditional release pursuant to
1284	s. 916.304. No Such defendant may not be released from the
1285	conditions of release except by order of the committing court.
1286	(3)  The committing court shall consider a the petition to
1287	involuntarily admit a defendant whose charges have been
1288	dismissed to residential services provided by the agency
1289	department's developmental services program a person whose
1290	charges have been dismissed, and, when applicable, to continue
1291	secure placement of such person as provided in s. 916.303. The
1292	committing court shall retain jurisdiction over such person so
1293	long as he or she remains in secure placement or is on
1294	conditional release as provided in s. 916.304. However, upon
1295	request, the court may transfer continuing jurisdiction to the
1296	court in the circuit where the defendant resides. The defendant
1297	may not be released from an order for secure placement except by
1298	order of the court.
1299	Section 21.  Section 916.303, Florida Statutes, is amended
1300	to read:
1301	916.303  Determination of incompetency due to retardation
1302	or autism; dismissal of charges.--
1303	(1)  The charges against any defendant found to be
1304	incompetent to proceed due to retardation or autism shall be
1305	dismissed without prejudice to the state if the defendant
1306	remains incompetent to proceed within a reasonable time after
1307	such determination, not to exceed 2 years, unless the court in
1308	its order specifies its reasons for believing that the defendant
1309	will become competent to proceed within the foreseeable future
1310	and specifies the time within which the defendant is expected to
1311	become competent to proceed. The charges may be refiled by the
1312	state if against the defendant are dismissed without prejudice
1313	to the state to refile the charges should the defendant is be
1314	declared competent to proceed in the future.
1315	(2)(a)  If the charges are dismissed and if the defendant
1316	is considered to lack sufficient capacity to give express and
1317	informed consent to a voluntary application for services and
1318	lacks the basic survival and self-care skills to provide for his
1319	or her well-being or is likely to physically injure himself or
1320	herself or others if allowed to remain at liberty, the agency
1321	department, the state attorney, or the defendant's attorney
1322	shall may apply to the committing court to involuntarily admit
1323	the defendant to residential services pursuant to s. 393.11.
1324	(3)(b)  If the defendant is considered to need involuntary
1325	residential services for reasons described in subsection (2)
1326	under s. 393.11 and, further, there is a substantial likelihood
1327	that the defendant will injure another person or continues to
1328	present a danger of escape, and all available less restrictive
1329	alternatives, including services in community residential
1330	facilities or other community settings, which would offer an
1331	opportunity for improvement of the condition have been judged to
1332	be inappropriate, then the agency person or entity filing the
1333	petition under s. 393.11, the state attorney, or the defendant's
1334	counsel may request, the petitioning commission, or the
1335	department may also petition the committing court to continue
1336	the defendant's placement in a secure facility or program
1337	pursuant to this part section. Any placement so continued under
1338	this subsection must be defendant involuntarily admitted under
1339	this paragraph shall have his or her status reviewed by the
1340	court at least annually at a hearing. The annual review and
1341	hearing shall determine whether the defendant continues to meet
1342	the criteria described in this subsection for involuntary
1343	residential services and, if so, whether the defendant still
1344	requires involuntary placement in a secure facility or program
1345	because the court finds that the defendant is likely to
1346	physically injure others as specified in s. 393.11 and whether
1347	the defendant is receiving adequate care, treatment,
1348	habilitation, and rehabilitation, including psychotropic
1349	medication and behavioral programming. Notice of the annual
1350	review and review hearing shall be given to the state attorney
1351	and to the defendant's attorney. In no instance may a
1352	defendant's placement in a secure facility or program exceed the
1353	maximum sentence for the crime for which the defendant was
1354	charged.
1355	Section 22.  Section 916.304, Florida Statutes, is amended
1356	to read:
1357	916.304  Conditional release.--
1358	(1)  Except for an inmate currently serving a prison
1359	sentence, the committing court may order a conditional release
1360	of any defendant who has been found to be incompetent to proceed
1361	due to retardation or autism, based on an approved plan for
1362	providing continuing community-based training. The committing
1363	criminal court may order a conditional release of any defendant
1364	to a civil facility in lieu of an involuntary commitment to a
1365	forensic facility pursuant to s. 916.302. Upon a recommendation
1366	that community-based training for the defendant is appropriate,
1367	a written plan for community-based training, including
1368	recommendations from qualified professionals, may be filed with
1369	the court, with copies to all parties. Such a plan may also be
1370	submitted by the defendant and filed with the court, with copies
1371	to all parties. The plan must shall include:
1372	(a)  Special provisions for residential care and adequate
1373	supervision of the defendant, including recommended location of
1374	placement.
1375	(b)  Recommendations for auxiliary services such as
1376	vocational training, psychological training, educational
1377	services, leisure services, and special medical care.
1378
1379	In its order of conditional release, the court shall specify the
1380	conditions of release based upon the release plan and shall
1381	direct the appropriate agencies or persons to submit periodic
1382	reports to the courts regarding the defendant's compliance with
1383	the conditions of the release and progress in training, with
1384	copies to all parties.
1385	(2)  Upon the filing of an affidavit or statement under
1386	oath by any person that the defendant has failed to comply with
1387	the conditions of release, that the defendant's condition has
1388	deteriorated, or that the release conditions should be modified,
1389	the court shall hold a hearing within 7 days after receipt of
1390	the affidavit or statement under oath. With notice to the court
1391	and all parties, the agency may detain a defendant in a forensic
1392	facility until the hearing occurs. After the hearing, the court
1393	may modify the release conditions. The court may also order that
1394	the defendant be placed into more appropriate programs for
1395	further training or may order the defendant to be committed
1396	returned to a forensic facility involuntary residential services
1397	of the department if it is found, after the appointment and
1398	report of experts, that the defendant meets the criteria for
1399	placement in a forensic facility involuntary residential
1400	services.
1401	(3)  If at any time it is determined after a hearing that
1402	the defendant conditionally released under subsection (1) no
1403	longer requires court-supervised followup care, the court shall
1404	terminate its jurisdiction in the cause and discharge the
1405	defendant.
1406	Section 23.  Subsection (1) of section 921.137, Florida
1407	Statutes, is amended to read:
1408	921.137  Imposition of the death sentence upon a mentally
1409	retarded defendant with mental retardation prohibited.--
1410	(1)  As used in this section, the term "mental retardation"
1411	means significantly subaverage general intellectual functioning
1412	existing concurrently with deficits in adaptive behavior and
1413	manifested during the period from conception to age 18. The term
1414	"significantly subaverage general intellectual functioning," for
1415	the purpose of this section, means performance that is two or
1416	more standard deviations from the mean score on a standardized
1417	intelligence test specified in the rules of the Agency for
1418	Persons with Disabilities Department of Children and Family
1419	Services. The term "adaptive behavior," for the purpose of this
1420	definition, means the effectiveness or degree with which an
1421	individual meets the standards of personal independence and
1422	social responsibility expected of his or her age, cultural
1423	group, and community. The Agency for Persons with Disabilities
1424	Department of Children and Family Services shall adopt rules to
1425	specify the standardized intelligence tests as provided in this
1426	subsection.
1427	Section 24.  Paragraphs (d), (e), (g), and (h) of
1428	subsection (1), subsections (2), (3), and (4), paragraph (b) of
1429	subsection (5), and paragraph (a) of subsection (6) of section
1430	985.223, Florida Statutes, are amended to read:
1431	985.223  Incompetency in juvenile delinquency cases.--
1432	(1)  If, at any time prior to or during a delinquency case,
1433	the court has reason to believe that the child named in the
1434	petition may be incompetent to proceed with the hearing, the
1435	court on its own motion may, or on the motion of the child's
1436	attorney or state attorney must, stay all proceedings and order
1437	an evaluation of the child's mental condition.
1438	(d)  For incompetency evaluations related to mental
1439	illness, the Department of Children and Family Services shall
1440	maintain and annually provide the courts with a list of
1441	available mental health professionals who have completed a
1442	training program approved by the Department of Children and
1443	Family Services to perform the evaluations.
1444	(e)  For incompetency evaluations related to mental
1445	retardation or autism, the court shall order the Agency for
1446	Persons with Disabilities Developmental Disabilities Program
1447	Office within the Department of Children and Family Services to
1448	examine the child to determine if the child meets the definition
1449	of "retardation" or "autism" in s. 393.063 and, if so, whether
1450	the child is competent to proceed with delinquency proceedings.
1451	(g)  Immediately upon the filing of the court order finding
1452	a child incompetent to proceed, the clerk of the court shall
1453	notify the Department of Children and Family Services and the
1454	Agency for Persons with Disabilities and fax or hand deliver to
1455	the department and to the agency of Children and Family Services
1456	a referral packet that which includes, at a minimum, the court
1457	order, the charging documents, the petition, and the court-
1458	appointed evaluator's reports.
1459	(h)  After placement of the child in the appropriate
1460	setting, the Department of Children and Family Services in
1461	consultation with the Agency for Persons with Disabilities, as
1462	appropriate, must, within 30 days after placement of the
1463	Department of Children and Family Services places the child,
1464	prepare and submit to the court a treatment or training plan for
1465	the child's restoration of competency. A copy of the treatment
1466	plan must be served upon the child's attorney, the state
1467	attorney, and the attorneys representing the Department of
1468	Juvenile Justice.
1469	(2)  A child who is mentally ill or retarded, who is
1470	adjudicated incompetent to proceed, and who has committed a
1471	delinquent act or violation of law, either of which would be a
1472	felony if committed by an adult, must be committed to the
1473	Department of Children and Family Services for treatment or
1474	training. A child who has been adjudicated incompetent to
1475	proceed because of age or immaturity, or for any reason other
1476	than for mental illness or retardation or autism, must not be
1477	committed to the department or to the Department of Children and
1478	Family Services for restoration-of-competency treatment or
1479	training services. For purposes of this section, a child who has
1480	committed a delinquent act or violation of law, either of which
1481	would be a misdemeanor if committed by an adult, may not be
1482	committed to the department or to the Department of Children and
1483	Family Services for restoration-of-competency treatment or
1484	training services.
1485	(3)  If the court finds that a child has mental illness,
1486	mental retardation, or autism is mentally ill or retarded and
1487	adjudicates the child incompetent to proceed, the court must
1488	also determine whether the child meets the criteria for secure
1489	placement. A child may be placed in a secure facility or program
1490	if the court makes a finding by clear and convincing evidence
1491	that:
1492	(a)  The child has mental illness, mental retardation, or
1493	autism is mentally ill and because of the mental illness, mental
1494	retardation, or autism; or the child is mentally retarded and
1495	because of the mental retardation:
1496	1.  The child is manifestly incapable of surviving with the
1497	help of willing and responsible family or friends, including
1498	available alternative services, and without treatment or
1499	training the child is likely to either suffer from neglect or
1500	refuse to care for self, and such neglect or refusal poses a
1501	real and present threat of substantial harm to the child's well-
1502	being; or
1503	2.  There is a substantial likelihood that in the near
1504	future the child will inflict serious bodily harm on self or
1505	others, as evidenced by recent behavior causing, attempting, or
1506	threatening such harm; and
1507	(b)  All available less restrictive alternatives, including
1508	treatment or training in community residential facilities or
1509	community settings which would offer an opportunity for
1510	improvement of the child's condition, are inappropriate.
1511	(4) A child who is determined to have mental illness,
1512	mental retardation, or autism be mentally ill or retarded, who
1513	has been adjudicated incompetent to proceed, and who meets the
1514	criteria set forth in subsection (3), must be committed to the
1515	Department of Children and Family Services, and receive
1516	treatment or training the Department of Children and Family
1517	Services must treat or train the child in a secure facility or
1518	program that which is the least restrictive alternative
1519	consistent with public safety. Any placement of a child to a
1520	secure residential program must be separate from adult forensic
1521	programs. If the child attains competency, then custody, case
1522	management, and supervision of the child will be transferred to
1523	the department in order to continue delinquency proceedings;
1524	however, the court retains authority to order the Department of
1525	Children and Family Services to provide continued treatment or
1526	training to maintain competency.
1527	(a)  A child adjudicated incompetent due to mental
1528	retardation or autism may be ordered into a secure program or
1529	facility designated by the Department of Children and Family
1530	Services for retarded children with mental retardation or
1531	autism.
1532	(b)  A child adjudicated incompetent due to mental illness
1533	may be ordered into a secure program or facility designated by
1534	the Department of Children and Family Services for mentally ill
1535	children have mental illnesses.
1536	(c)  Whenever a child is placed in a secure residential
1537	facility, the department will provide transportation to the
1538	secure residential facility for admission and from the secure
1539	residential facility upon discharge.
1540	(d)  The purpose of the treatment or training is the
1541	restoration of the child's competency to proceed.
1542	(e)  The service provider must file a written report with
1543	the court pursuant to the applicable Florida Rules of Juvenile
1544	Procedure not later than 6 months after the date of commitment,
1545	or at the end of any period of extended treatment or training,
1546	and at any time the Department of Children and Family Services,
1547	through its service provider determines the child has attained
1548	competency or no longer meets the criteria for secure placement,
1549	or at such shorter intervals as ordered by the court. A copy of
1550	a written report evaluating the child's competency must be filed
1551	by the provider with the court and with the state attorney, the
1552	child's attorney, the department, and the Department of Children
1553	and Family Services.
1554	(5)
1555	(b)  Whenever the provider files a report with the court
1556	informing the court that the child will never become competent
1557	to proceed, the Department of Children and Family Services will
1558	develop a discharge plan for the child prior to any hearing
1559	determining whether the child will ever become competent to
1560	proceed and send the. The Department of Children and Family
1561	Services must send the proposed discharge plan to the court, the
1562	state attorney, the child's attorney, and the attorneys
1563	representing the Department of Juvenile Justice. The provider
1564	will continue to provide services to the child until the court
1565	issues the order finding the child will never become competent
1566	to proceed.
1567	(6)(a)  If a child is determined to have mental illness,
1568	mental retardation, or autism be mentally ill or retarded and is
1569	found to be incompetent to proceed but does not meet the
1570	criteria set forth in subsection (3), the court shall commit the
1571	child to the Department of Children and Family Services and
1572	shall order the Department of Children and Family Services to
1573	provide appropriate treatment and training in the community. The
1574	purpose of the treatment or training is the restoration of the
1575	child's competency to proceed.
1576	Section 25.  Paragraph (b) of subsection (14) of section
1577	287.057, Florida Statutes, is amended to read:
1578	287.057  Procurement of commodities or contractual
1579	services.--
1580	(14)
1581	(b)  Notwithstanding paragraph (a), the Department of
1582	Children and Family Services may enter into agreements, not to
1583	exceed 20 years, with a private provider to finance, design, and
1584	construct a forensic treatment facility, as defined in s.
1585	916.106(10)(8), of at least 200 beds and to operate all aspects
1586	of daily operations within the forensic treatment facility. The
1587	selected contractor is authorized to sponsor the issuance of
1588	tax-exempt certificates of participation or other securities to
1589	finance the project, and the state is authorized to enter into a
1590	lease-purchase agreement for the forensic treatment facility.
1591	This paragraph expires July 1, 2006.
1592	Section 26.  Paragraph (r) of subsection (3) of section
1593	408.036, Florida Statutes, is amended to read:
1594	408.036  Projects subject to review; exemptions.--
1595	(3)  EXEMPTIONS.--Upon request, the following projects are
1596	subject to exemption from the provisions of subsection (1):
1597	(r)  For beds in state mental health treatment facilities
1598	defined in s. 394.455 operated under s. 394.455(30) and state
1599	mental health forensic facilities operated under chapter 916 s.
1600	916.106(8).
1601	Section 27.  Paragraph (a) of subsection (4) of section
1602	943.0585, Florida Statutes, is amended to read:
1603	943.0585  Court-ordered expunction of criminal history
1604	records.--The courts of this state have jurisdiction over their
1605	own procedures, including the maintenance, expunction, and
1606	correction of judicial records containing criminal history
1607	information to the extent such procedures are not inconsistent
1608	with the conditions, responsibilities, and duties established by
1609	this section. Any court of competent jurisdiction may order a
1610	criminal justice agency to expunge the criminal history record
1611	of a minor or an adult who complies with the requirements of
1612	this section. The court shall not order a criminal justice
1613	agency to expunge a criminal history record until the person
1614	seeking to expunge a criminal history record has applied for and
1615	received a certificate of eligibility for expunction pursuant to
1616	subsection (2). A criminal history record that relates to a
1617	violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794,
1618	s. 796.03, s. 800.04, s. 817.034, s. 825.1025, s. 827.071,
1619	chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s. 893.135,
1620	s. 916.1075, or a violation enumerated in s. 907.041 may not be
1621	expunged, without regard to whether adjudication was withheld,
1622	if the defendant was found guilty of or pled guilty or nolo
1623	contendere to the offense, or if the defendant, as a minor, was
1624	found to have committed, or pled guilty or nolo contendere to
1625	committing, the offense as a delinquent act. The court may only
1626	order expunction of a criminal history record pertaining to one
1627	arrest or one incident of alleged criminal activity, except as
1628	provided in this section. The court may, at its sole discretion,
1629	order the expunction of a criminal history record pertaining to
1630	more than one arrest if the additional arrests directly relate
1631	to the original arrest. If the court intends to order the
1632	expunction of records pertaining to such additional arrests,
1633	such intent must be specified in the order. A criminal justice
1634	agency may not expunge any record pertaining to such additional
1635	arrests if the order to expunge does not articulate the
1636	intention of the court to expunge a record pertaining to more
1637	than one arrest. This section does not prevent the court from
1638	ordering the expunction of only a portion of a criminal history
1639	record pertaining to one arrest or one incident of alleged
1640	criminal activity. Notwithstanding any law to the contrary, a
1641	criminal justice agency may comply with laws, court orders, and
1642	official requests of other jurisdictions relating to expunction,
1643	correction, or confidential handling of criminal history records
1644	or information derived therefrom. This section does not confer
1645	any right to the expunction of any criminal history record, and
1646	any request for expunction of a criminal history record may be
1647	denied at the sole discretion of the court.
1648	(4)  EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.--Any
1649	criminal history record of a minor or an adult which is ordered
1650	expunged by a court of competent jurisdiction pursuant to this
1651	section must be physically destroyed or obliterated by any
1652	criminal justice agency having custody of such record; except
1653	that any criminal history record in the custody of the
1654	department must be retained in all cases. A criminal history
1655	record ordered expunged that is retained by the department is
1656	confidential and exempt from the provisions of s. 119.07(1) and
1657	s. 24(a), Art. I of the State Constitution and not available to
1658	any person or entity except upon order of a court of competent
1659	jurisdiction. A criminal justice agency may retain a notation
1660	indicating compliance with an order to expunge.
1661	(a)  The person who is the subject of a criminal history
1662	record that is expunged under this section or under other
1663	provisions of law, including former s. 893.14, former s. 901.33,
1664	and former s. 943.058, may lawfully deny or fail to acknowledge
1665	the arrests covered by the expunged record, except when the
1666	subject of the record:
1667	1.  Is a candidate for employment with a criminal justice
1668	agency;
1669	2.  Is a defendant in a criminal prosecution;
1670	3.  Concurrently or subsequently petitions for relief under
1671	this section or s. 943.059;
1672	4.  Is a candidate for admission to The Florida Bar;
1673	5.  Is seeking to be employed or licensed by or to contract
1674	with the Department of Children and Family Services or the
1675	Department of Juvenile Justice or to be employed or used by such
1676	contractor or licensee in a sensitive position having direct
1677	contact with children, the developmentally disabled, the aged,
1678	or the elderly as provided in s. 110.1127(3), s. 393.063, s.
1679	394.4572(1), s. 397.451, s. 402.302(3), s. 402.313(3), s.
1680	409.175(2)(i), s. 415.102(4), chapter 916 s. 916.106(10) and
1681	(13), s. 985.407, or chapter 400; or
1682	6.  Is seeking to be employed or licensed by the Department
1683	of Education, any district school board, any university
1684	laboratory school, any charter school, any private or parochial
1685	school, or any local governmental entity that licenses child
1686	care facilities.
1687	Section 28.  Paragraph (a) of subsection (4) of section
1688	943.059, Florida Statutes, is amended to read:
1689	943.059  Court-ordered sealing of criminal history
1690	records.--The courts of this state shall continue to have
1691	jurisdiction over their own procedures, including the
1692	maintenance, sealing, and correction of judicial records
1693	containing criminal history information to the extent such
1694	procedures are not inconsistent with the conditions,
1695	responsibilities, and duties established by this section. Any
1696	court of competent jurisdiction may order a criminal justice
1697	agency to seal the criminal history record of a minor or an
1698	adult who complies with the requirements of this section. The
1699	court shall not order a criminal justice agency to seal a
1700	criminal history record until the person seeking to seal a
1701	criminal history record has applied for and received a
1702	certificate of eligibility for sealing pursuant to subsection
1703	(2). A criminal history record that relates to a violation of s.
1704	393.135, s. 394.4593, s. 787.025, chapter 794, s. 796.03, s.
1705	800.04, s. 817.034, s. 825.1025, s. 827.071, chapter 839, s.
1706	847.0133, s. 847.0135, s. 847.0145, s. 893.135, s. 916.1075, or
1707	a violation enumerated in s. 907.041 may not be sealed, without
1708	regard to whether adjudication was withheld, if the defendant
1709	was found guilty of or pled guilty or nolo contendere to the
1710	offense, or if the defendant, as a minor, was found to have
1711	committed or pled guilty or nolo contendere to committing the
1712	offense as a delinquent act. The court may only order sealing of
1713	a criminal history record pertaining to one arrest or one
1714	incident of alleged criminal activity, except as provided in
1715	this section. The court may, at its sole discretion, order the
1716	sealing of a criminal history record pertaining to more than one
1717	arrest if the additional arrests directly relate to the original
1718	arrest. If the court intends to order the sealing of records
1719	pertaining to such additional arrests, such intent must be
1720	specified in the order. A criminal justice agency may not seal
1721	any record pertaining to such additional arrests if the order to
1722	seal does not articulate the intention of the court to seal
1723	records pertaining to more than one arrest. This section does
1724	not prevent the court from ordering the sealing of only a
1725	portion of a criminal history record pertaining to one arrest or
1726	one incident of alleged criminal activity. Notwithstanding any
1727	law to the contrary, a criminal justice agency may comply with
1728	laws, court orders, and official requests of other jurisdictions
1729	relating to sealing, correction, or confidential handling of
1730	criminal history records or information derived therefrom. This
1731	section does not confer any right to the sealing of any criminal
1732	history record, and any request for sealing a criminal history
1733	record may be denied at the sole discretion of the court.
1734	(4)  EFFECT OF CRIMINAL HISTORY RECORD SEALING.--A criminal
1735	history record of a minor or an adult which is ordered sealed by
1736	a court of competent jurisdiction pursuant to this section is
1737	confidential and exempt from the provisions of s. 119.07(1) and
1738	s. 24(a), Art. I of the State Constitution and is available only
1739	to the person who is the subject of the record, to the subject's
1740	attorney, to criminal justice agencies for their respective
1741	criminal justice purposes, or to those entities set forth in
1742	subparagraphs (a)1., 4., 5., and 6. for their respective
1743	licensing and employment purposes.
1744	(a)  The subject of a criminal history record sealed under
1745	this section or under other provisions of law, including former
1746	s. 893.14, former s. 901.33, and former s. 943.058, may lawfully
1747	deny or fail to acknowledge the arrests covered by the sealed
1748	record, except when the subject of the record:
1749	1.  Is a candidate for employment with a criminal justice
1750	agency;
1751	2.  Is a defendant in a criminal prosecution;
1752	3.  Concurrently or subsequently petitions for relief under
1753	this section or s. 943.0585;
1754	4.  Is a candidate for admission to The Florida Bar;
1755	5.  Is seeking to be employed or licensed by or to contract
1756	with the Department of Children and Family Services or the
1757	Department of Juvenile Justice or to be employed or used by such
1758	contractor or licensee in a sensitive position having direct
1759	contact with children, the developmentally disabled, the aged,
1760	or the elderly as provided in s. 110.1127(3), s. 393.063, s.
1761	394.4572(1), s. 397.451, s. 402.302(3), s. 402.313(3), s.
1762	409.175(2)(i), s. 415.102(4), s. 415.103, chapter 916 s.
1763	916.106(10) and (13), s. 985.407, or chapter 400; or
1764	6.  Is seeking to be employed or licensed by the Department
1765	of Education, any district school board, any university
1766	laboratory school, any charter school, any private or parochial
1767	school, or any local governmental entity that licenses child
1768	care facilities.
1769	Section 29.  This act shall take effect upon becoming a
1770	law.

CODING: Words stricken are deletions; words underlined are additions.