Senate Bill sb7082pb

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007   (PROPOSED COMMITTEE BILL)     SPB 7082

    FOR CONSIDERATION By the Committee on Children, Families, and
    Elder Affairs




    586-1466-07

  1                      A bill to be entitled

  2         An act relating to sexually violent predators;

  3         amending s. 394.913, F.S.; providing for

  4         information concerning sexual acts and sexual

  5         motivation in a person's criminal history to be

  6         provided to multidisciplinary teams treating

  7         sexually violent predators; creating s.

  8         394.9223, F.S.; providing for the use of

  9         physical force against a person committed as a

10         sexually violent predator under certain

11         circumstances; providing for examinations,

12         reports, and investigations following the use

13         of force; providing for criminal penalties when

14         force is used with malicious intent; creating

15         s. 921.245, F.S.; providing for each judgment

16         of guilt for a felony offense to contain a

17         written finding on whether the act was sexually

18         motivated; providing an effective date.

19  

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

21  

22         Section 1.  Subsection (2) of section 394.913, Florida

23  Statutes, is amended to read:

24         394.913  Notice to state attorney and multidisciplinary

25  team of release of sexually violent predator; establishing

26  multidisciplinary teams; information to be provided to

27  multidisciplinary teams.--

28         (2)  The agency having with jurisdiction shall provide

29  the multidisciplinary team with the following information:

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

31  anticipated future residence; the type of supervision the

                                  1

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






    Florida Senate - 2007   (PROPOSED COMMITTEE BILL)     SPB 7082
    586-1466-07




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

 2  offense history;

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

 4  reports, victim statements, presentence investigation reports,

 5  postsentence investigation reports, if available, and any

 6  other documents containing facts of the person's criminal

 7  incidents or indicating whether the criminal incidents

 8  included sexual acts or were sexually motivated;

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

10  including all clinical records and notes concerning the

11  person;

12         (d)  Documentation of institutional adjustment and any

13  treatment received and, in the case of an adjudicated

14  delinquent committed to the Department of Juvenile Justice,

15  copies of the most recent performance plan and performance

16  summary; and

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

18  period of supervision, documentation of adjustment during

19  supervision and any treatment received.

20         Section 2.  Section 394.9223, Florida Statutes, is

21  created to read:

22         394.9223  Use of force.--

23         (1)  An employee or agent of a secure facility, or an

24  employee of a state or of a local law enforcement agency, is

25  authorized to apply physical force upon a person committed to

26  a secure facility under this part only when and to the extent

27  that it reasonably appears necessary. This includes the use of

28  nonlethal devices such as chemical agents and electronic

29  devices. Deadly force may be used only in defense of oneself

30  or another. Circumstances under which physical force may be

31  used include:

                                  2

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






    Florida Senate - 2007   (PROPOSED COMMITTEE BILL)     SPB 7082
    586-1466-07




 1         (a)  Defending himself or herself or another against

 2  imminent use of unlawful force.

 3         (b)  Preventing a person committed to the custody of

 4  the department from escaping.

 5         (c)  Preventing damage to property.

 6         (d)  Quelling a disturbance.

 7         (e)  Overcoming physical resistance to a lawful

 8  command.

 9         (f)  Administering medical treatment by or under the

10  supervision of a physician or his or her designee only when

11  such treatment is:

12         1.  Necessary to protect the health of others, as in

13  the case of contagious or venereal diseases; or

14         2.  Offered in satisfaction of a duty to protect the

15  person against self-inflicted injury or death.

16         (2)  Following any use of force, a qualified health

17  care provider shall examine any person physically involved to

18  determine the extent of injury, if any, and shall prepare a

19  report that includes, but need not be limited to, a statement

20  of whether further examination by a physician is necessary.

21  Any noticeable physical injury shall be examined by a

22  physician who shall prepare a report documenting the extent

23  and cause of the injury and the treatment prescribed. Such

24  report shall be completed within 5 working days after the

25  incident and shall be submitted to the facility superintendent

26  for investigation as appropriate.

27         (3)  Each person who applied physical force or was

28  responsible for making the decision to apply physical force

29  upon a committed person shall prepare, date, and sign an

30  independent report within 5 working days after the incident.

31  The report shall be delivered to the facility superintendent,

                                  3

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






    Florida Senate - 2007   (PROPOSED COMMITTEE BILL)     SPB 7082
    586-1466-07




 1  who shall conduct an investigation and shall determine whether

 2  force was appropriately used. Copies of the report and the

 3  facility superintendent's evaluation shall be kept in the

 4  resident's file. A record of each incident involving an

 5  employee's use of force and the facility superintendent's

 6  evaluation shall be kept in the employee's file.

 7         (4)  An employee of a secure facility for sexually

 8  violent predators who, with malicious intent:

 9         (a)  Commit a battery upon a facility resident commits

10  a misdemeanor of the first degree, punishable as provided in

11  s. 775.082 or s. 775.083.

12         (b)  Commit a battery or inflict cruel or inhuman

13  treatment by neglect or otherwise, and in so doing cause great

14  bodily harm, permanent disability, or permanent disfigurement

15  to a resident, commit a felony of the third degree, punishable

16  as provided in s. 775.082, s. 775.083, or s. 775.084.

17         Section 3.  Section 921.245, Florida Statutes, is

18  created to read:

19         921.245  Felony judgments; sexually motivated

20  offense.--Each judgment of guilt for a felony offense must

21  contain a written finding by the court indicating whether the

22  criminal act was sexually motivated.

23         Section 4.  This act shall take effect upon becoming a

24  law.

25  

26  

27  

28  

29  

30  

31  

                                  4

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






    Florida Senate - 2007   (PROPOSED COMMITTEE BILL)     SPB 7082
    586-1466-07




 1            *****************************************

 2                          SENATE SUMMARY

 3    Revises laws relating to the sexually violent predator
      program. Provides that any information concerning sexual
 4    acts and sexual motivation in a person's criminal history
      be provided to the multidisciplinary team that assesses
 5    and makes recommendations as to whether a person is a
      sexually violent predator. Provides for the use of
 6    physical force against a person committed as a sexually
      violent predator and specifies the circumstances when
 7    force may be used. Provides for an examination by a
      health provider, a report to be prepared, and an
 8    investigation following the use of force. Provides for
      criminal penalties when force is used with malicious
 9    intent. Requires that each judgment of guilt for a felony
      offense contains a written finding on whether the act was
10    sexually motivated.

11  

12  

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  5

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