Florida Senate - 2012 SENATOR AMENDMENT
Bill No. CS for SB 2052
Barcode 860884
LEGISLATIVE ACTION
Senate . House
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Floor: 1/AD/2R .
03/09/2012 11:38 PM .
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Senator Storms moved the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Paragraph (e) of subsection (3) of section
6 394.913, Florida Statutes, is amended to read:
7 394.913 Notice to state attorney and multidisciplinary team
8 of release of sexually violent predator; establishing
9 multidisciplinary teams; information to be provided to
10 multidisciplinary teams.—
11 (3)
12 (e)1. Within 180 days after receiving notice, there shall
13 be a written assessment as to whether the person meets the
14 definition of a sexually violent predator and a written
15 recommendation, which shall be provided to the state attorney.
16 The written recommendation shall be provided by the Department
17 of Children and Family Services and shall include the written
18 report of the multidisciplinary team.
19 2. Notwithstanding subparagraph 1., in the case of a person
20 for whom the written assessment and recommendation has not been
21 completed at least 365 days before his or her release from total
22 confinement, the department shall prioritize the assessment of
23 that person based upon the person’s release date.
24 Section 2. Subsections (2) and (3) of section 394.9135,
25 Florida Statutes, are amended to read:
26 394.9135 Immediate releases from total confinement;
27 transfer of person to department; time limitations on
28 assessment, notification, and filing petition to hold in
29 custody; filing petition after release.—
30 (2) Within 72 hours after transfer, the multidisciplinary
31 team shall assess whether the person meets the definition of a
32 sexually violent predator. If the multidisciplinary team
33 determines that the person does not meet the definition of a
34 sexually violent predator, that person shall be immediately
35 released. If the multidisciplinary team determines that the
36 person meets the definition of a sexually violent predator, the
37 team shall provide the state attorney, as designated by s.
38 394.913, with its written assessment and recommendation within
39 the 72-hour period or, if the 72-hour period ends after 5 p.m.
40 on a working day or on a weekend or holiday, within the next
41 working day thereafter.
42 (3) Within 48 hours after receipt of the written assessment
43 and recommendation from the multidisciplinary team, the state
44 attorney, as designated in s. 394.913, may file a petition with
45 the circuit court alleging that the person is a sexually violent
46 predator and stating facts sufficient to support such
47 allegation. If a petition is not filed within 48 hours after
48 receipt of the written assessment and recommendation by the
49 state attorney, the person shall be immediately released, except
50 that, if the 48-hour period ends after 5 p.m. on a working day
51 or on a weekend or holiday, the petition may be filed on the
52 next working day without resulting in the person’s release. If a
53 petition is filed pursuant to this section and the judge
54 determines that there is probable cause to believe that the
55 person is a sexually violent predator, the judge shall order the
56 person be maintained in custody and held in an appropriate
57 secure facility for further proceedings in accordance with this
58 part.
59 Section 3. Subsection (2) of section 394.917, Florida
60 Statutes, is amended to read:
61 394.917 Determination; commitment procedure; mistrials;
62 housing; counsel and costs in indigent appellate cases.—
63 (2) If the court or jury determines that the person is a
64 sexually violent predator, upon the expiration of the
65 incarcerative portion of all criminal sentences and disposition
66 of any detainers other than detainers for deportation by the
67 United States Bureau of Citizenship and Immigration Services,
68 the person shall be committed to the custody of the Department
69 of Children and Family Services for control, care, and treatment
70 until such time as the person’s mental abnormality or
71 personality disorder has so changed that it is safe for the
72 person to be at large. At all times, persons who are detained or
73 committed under this part shall be kept in a secure facility
74 segregated from patients of the department who are not detained
75 or committed under this part.
76 Section 4. Section 394.9265, Florida Statutes, is created
77 to read:
78 394.9265 Introduction or removal of certain articles
79 unlawful; penalty.—
80 (1) Except as authorized by law or as specifically
81 authorized by the person in charge of a secure facility
82 providing secure confinement and treatment under this part, it
83 is unlawful to knowingly and intentionally bring into any
84 facility providing secure confinement and treatment under this
85 part, or to take or attempt to take or send therefrom, any of
86 the following articles:
87 (a) Any intoxicating beverage or beverage that causes or
88 may cause an intoxicating effect;
89 (b) Any controlled substance as defined in chapter 893; or
90 (c) Any firearm or weapon.
91 (2) A person who violates this section commits a felony of
92 the third degree, punishable as provided in s. 775.082, s.
93 775.083, or s. 775.084.
94 Section 5. This act shall take effect July 1, 2012.
95
96 ================= T I T L E A M E N D M E N T ================
97 And the title is amended as follows:
98 Delete everything before the enacting clause
99 and insert:
100 A bill to be entitled
101 An act relating to sexually violent predators;
102 amending s. 394.913, F.S.; providing for
103 prioritization of written assessment and
104 recommendation for a person scheduled or up for review
105 for release when the assessment and recommendation
106 have not been completed within a specified period;
107 amending s. 394.9135, F.S.; revising provisions
108 relating to petitions to hold a person in custody
109 following release and transfer to the Department of
110 Children and Family Services to provide for extension
111 of certain time periods that expire after normal
112 business hours; amending s. 394.917, F.S.; deleting an
113 exception for detainers for deportation by the United
114 States Bureau of Citizenship and Immigration Services
115 to provisions requiring sexually violent predators to
116 be committed to the custody of the Department of
117 Children and Family Services upon the expiration of
118 the incarcerative portion of all criminal sentences
119 and disposition of any detainers; creating s.
120 394.9265, F.S.; prohibiting the knowing and
121 intentional bringing of contraband into or its removal
122 from the grounds of any facility for commitment or
123 detention of sexually violent predators; specifying
124 items that constitute contraband; providing criminal
125 penalties for violations; providing exceptions;
126 providing an effective date.