ENROLLED
2014 Legislature CS for CS for SB 522, 1st Engrossed
2014522er
1
2 An act relating to involuntary civil commitment of
3 sexually violent predators; amending s. 394.912, F.S.;
4 redefining terms; creating s. 394.9125, F.S.;
5 authorizing and requiring a state attorney to refer
6 certain persons for civil commitment under certain
7 circumstances; requiring the state attorney to notify
8 county and municipal jails of a referral within a
9 specified timeframe; authorizing the state attorney to
10 file a petition requesting that a person be taken into
11 custody for civil commitment proceedings; requiring a
12 judge to order a person into custody for civil
13 commitment proceedings upon making specified findings;
14 amending s. 394.913, F.S.; requiring the agency with
15 jurisdiction over a person who has been convicted of a
16 sexually violent offense to give written notice to the
17 multidisciplinary team as soon as practicable after
18 receipt into custody of such person in a county or
19 municipal jail facility; requiring the
20 multidisciplinary team to prioritize assessments based
21 on release dates; authorizing the multidisciplinary
22 team to consult with law enforcement agencies and
23 victim advocate groups as part of the assessment and
24 evaluation process; authorizing a clinical evaluation;
25 requiring a second clinical evaluation under certain
26 circumstances; requiring the multidisciplinary team to
27 proceed without a personal interview under certain
28 circumstances; requiring the multidisciplinary team to
29 provide the state attorney with a written assessment
30 and recommendation as to whether a person meets the
31 definition of a sexually violent predator within
32 specified timeframes; requiring the Department of
33 Children and Families to recommend that the state
34 attorney file a civil commitment petition under
35 certain circumstances; requiring the department to
36 send the recommendation and assessment to the state
37 attorney for further review; requiring the
38 multidisciplinary team to reexamine the case under
39 certain circumstances; requiring the multidisciplinary
40 team to give equal consideration to an attempt,
41 criminal solicitation, or conspiracy to commit certain
42 offenses as it does to the commission of such
43 offenses; conforming provisions to changes made by the
44 act; amending s. 394.9135, F.S.; providing for certain
45 released persons to be taken into custody by the
46 Department of Children and Families; authorizing the
47 state attorney to file, within a specific timeframe, a
48 petition alleging that a person released from a local
49 detention facility was not referred as required before
50 release because of a mistake, oversight, or
51 intentional act or was referred for commitment
52 consideration but released rather than transferred to
53 custody, as required, due to a mistake, oversight, or
54 intentional act; requiring a judge to order that a
55 person so released be taken into custody and delivered
56 to an appropriate secure facility under certain
57 circumstances; amending s. 394.914, F.S.; authorizing
58 the state attorney to file a petition for civil
59 commitment regardless of the multidisciplinary team’s
60 recommendation; amending s. 394.918, F.S.; authorizing
61 the petitioner and respondent to present evidence at a
62 civil commitment probable cause hearing; amending s.
63 394.926, F.S.; requiring the department to provide
64 written notice of placement of a person in the
65 department’s custody to a victim of such person;
66 requiring the department to notify the Department of
67 Corrections, the Department of Law Enforcement, and
68 the sheriff of the county in which such person intends
69 to reside of the release of a sexually violent
70 predator or a person who is in custody; requiring the
71 Department of Children and Families to enroll certain
72 persons in an arrest notification program and to
73 notify the state attorney upon receiving an arrest
74 alert; amending s. 394.931, F.S.; requiring the
75 Department of Corrections to collect recidivism
76 information and include the information in their
77 annual report; amending s. 943.053, F.S.; requiring
78 the Department of Law Enforcement to provide the
79 Department of Children and Families access to the
80 arrest notification program; providing for
81 severability; providing an effective date.
82
83 Be It Enacted by the Legislature of the State of Florida:
84
85 Section 1. Subsections (1), (3), (7), and (11) of section
86 394.912, Florida Statutes, are amended, and paragraph (i) is
87 added to subsection (9) of that section, to read:
88 394.912 Definitions.—As used in this part, the term:
89 (1) “Agency with jurisdiction” means the entity agency that
90 releases, upon lawful order or authority, a person who is
91 serving a sentence in the custody of the Department of
92 Corrections, a person who was adjudicated delinquent and is
93 committed to the custody of the Department of Juvenile Justice,
94 or a person who was involuntarily committed to the custody of
95 the Department of Children and Families Family Services upon an
96 adjudication of not guilty by reason of insanity, or a person
97 who is serving a sentence in a county or municipal jail for a
98 sexually violent offense as defined in paragraph (9)(i).
99 (3) “Department” means the Department of Children and
100 Families Family Services.
101 (7) “Secretary” means the secretary of the Department of
102 Children and Families Family Services.
103 (9) “Sexually violent offense” means:
104 (i) A criminal offense in which the state attorney refers a
105 person to the department for civil commitment proceedings
106 pursuant to s. 394.9125.
107 (11) “Total confinement” means that the person is currently
108 being held in any physically secure facility being operated or
109 contractually operated for the Department of Corrections, the
110 Department of Juvenile Justice, or the Department of Children
111 and Families Family Services. A person shall also be deemed to
112 be in total confinement for applicability of provisions under
113 this part if:
114 (a) The person is serving an incarcerative sentence under
115 the custody of the Department of Corrections or the Department
116 of Juvenile Justice and is being held in any other secure
117 facility for any reason;
118 (b) The person is serving a sentence in a county or
119 municipal jail for a sexually violent offense as defined in
120 paragraph (9)(i); or
121 (c) A court or the agency with jurisdiction determines that
122 the person who is being held should have been lawfully released
123 at an earlier date and that the provisions of this part would
124 have been applicable to the person on the date that he or she
125 should have been lawfully released.
126 Section 2. Section 394.9125, Florida Statutes, is created
127 to read:
128 394.9125 State attorney; authority to refer a person for
129 civil commitment.—
130 (1) A state attorney shall refer a person to the department
131 for civil commitment proceedings if:
132 (a) The state attorney receives an arrest alert on the
133 person pursuant to s. 394.926(4); and
134 (b) The person is subsequently sentenced to a term of
135 imprisonment in a county or municipal jail for any criminal
136 offense.
137 (2) A state attorney may refer a person to the department
138 for civil commitment proceedings if the person:
139 (a) Is required to register as a sexual offender pursuant
140 to s. 943.0435;
141 (b) Has previously been convicted of a sexually violent
142 offense as defined in s. 394.912(9)(a)-(h); and
143 (c) Has been sentenced to a term of imprisonment in a
144 county or municipal jail for any criminal offense.
145 (3) A state attorney who refers a person for civil
146 commitment pursuant to subsection (1) or subsection (2) shall
147 notify the county or municipal jail to which the person has been
148 sentenced within 24 hours after the referral is made.
149 (4)(a) If a person is sentenced to a term of imprisonment
150 in a county or municipal jail but is not subsequently totally
151 confined in the jail due to receiving credit for time served,
152 the state attorney may file a petition with the circuit court
153 within 120 hours after such person’s sentencing proceeding
154 requesting the court to order such person into the department’s
155 custody for purposes of initiating civil commitment proceedings.
156 (b) If the judge determines that there is probable cause to
157 believe that the person should have been referred to the
158 department pursuant to subsection (1) or subsection (2) but that
159 the referral was not made because the person was not totally
160 confined in a county or municipal jail due to receiving credit
161 for time served, the judge shall order that the person be taken
162 into custody and delivered to the custody of the department for
163 civil commitment proceedings.
164 Section 3. Section 394.913, Florida Statutes, is amended to
165 read:
166 394.913 Notice to state attorney and multidisciplinary team
167 of release of sexually violent predator; establishing
168 multidisciplinary teams; information to be provided to
169 multidisciplinary teams.—
170 (1) The agency with jurisdiction over a person who has been
171 convicted of a sexually violent offense shall give written
172 notice to the multidisciplinary team, and shall provide a copy
173 of the notice to the state attorney of the circuit in which
174 where that person was last convicted of a sexually violent
175 offense. If the person has never been convicted of a sexually
176 violent offense in this state but has been convicted of a
177 sexually violent offense in another state or in federal court,
178 the agency with jurisdiction shall give written notice to the
179 multidisciplinary team and a copy to the state attorney of the
180 circuit in which where the person was last convicted of any
181 offense in this state. If the person is being confined in this
182 state pursuant to interstate compact and has a prior or current
183 conviction for a sexually violent offense, the agency with
184 jurisdiction shall give written notice to the multidisciplinary
185 team and shall provide a copy to the state attorney of the
186 circuit in which where the person plans to reside upon release
187 or, if no residence in this state is planned, the state attorney
188 in the circuit in which where the facility from which the person
189 to be released is located. Except as provided in s. 394.9135,
190 the written notice must be given:
191 (a) At least 545 days before prior to the anticipated
192 release from total confinement of a person serving a sentence in
193 the custody of the Department of Corrections, except that in the
194 case of a person persons who is are totally confined for a
195 period of less than 545 days, written notice must be given as
196 soon as practicable;
197 (b) At least 180 days before prior to the anticipated
198 release from residential commitment of a person committed to the
199 custody of the Department of Juvenile Justice, except that in
200 the case of a person persons who is are committed to a low or
201 moderate risk facility, written notice must be given as soon as
202 practicable; or
203 (c) At least 180 days before prior to the anticipated
204 hearing regarding possible release of a person committed to the
205 custody of the department who has been found not guilty by
206 reason of insanity or mental incapacity of a sexually violent
207 offense; or.
208 (d) At least 180 days before the anticipated release from
209 total confinement of a person serving a sentence in a county or
210 municipal jail, except that in the case of a person who is
211 totally confined for a period of less than 180 days, written
212 notice must be given as soon as practicable.
213 (2) The agency having jurisdiction shall provide the
214 multidisciplinary team with the following information:
215 (a) The person’s name; identifying characteristics;
216 anticipated future residence; the type of supervision the person
217 will receive in the community, if any; and the person’s offense
218 history;
219 (b) The person’s criminal history, including police
220 reports, victim statements, presentence investigation reports,
221 postsentence investigation reports, if available, and any other
222 documents containing facts of the person’s criminal incidents or
223 indicating whether the criminal incidents included sexual acts
224 or were sexually motivated;
225 (c) Mental health, mental status, and medical records,
226 including all clinical records and notes concerning the person;
227 (d) Documentation of institutional adjustment and any
228 treatment received and, in the case of an adjudicated delinquent
229 committed to the Department of Juvenile Justice, copies of the
230 most recent performance plan and performance summary; and
231 (e) If the person was returned to custody after a period of
232 supervision, documentation of adjustment during supervision and
233 any treatment received.
234 (3)(a) The secretary or his or her designee shall establish
235 a multidisciplinary team or teams.
236 (b) Each team shall include, but need is not be limited to,
237 two licensed psychiatrists or psychologists or one licensed
238 psychiatrist and one licensed psychologist.
239 (c) The multidisciplinary team shall assess and evaluate
240 each person referred to the team. The multidisciplinary team
241 shall prioritize the assessment and evaluation of persons
242 referred under subsection (1) based upon the person’s scheduled
243 release date. The assessment and evaluation must shall include a
244 review of the person’s institutional history and treatment
245 record, if any, the person’s criminal background, and any other
246 factor that is relevant to the determination of whether the such
247 person is a sexually violent predator.
248 (d) The multidisciplinary team may consult with law
249 enforcement agencies and victim advocate groups during the
250 assessment and evaluation process. A clinical evaluation of the
251 person may be conducted. A second clinical evaluation must be
252 conducted if a member of the multidisciplinary team questions
253 the conclusion of the first clinical evaluation. All members of
254 the multidisciplinary team shall review, at a minimum, the
255 information provided in subsection (2) and any clinical
256 evaluation before making a recommendation pursuant to paragraph
257 (f).
258 (e)(c) Before recommending that a person meets the
259 definition of a sexually violent predator, the person must be
260 offered a personal interview. If the person agrees to
261 participate in a personal interview, at least one member of the
262 team who is a licensed psychiatrist or psychologist must conduct
263 a personal interview of the person. If the person refuses to
264 fully participate in a personal interview, the multidisciplinary
265 team shall may proceed with its recommendation without the a
266 personal interview of the person.
267 (f) The multidisciplinary team shall complete all clinical
268 evaluations and provide the state attorney a written assessment
269 and recommendation as to whether the person meets the definition
270 of a sexually violent predator at least 1 month before the
271 person’s scheduled release date from the Department of
272 Corrections, the Department of Juvenile Justice, or the
273 Department of Children and Families. The multidisciplinary team
274 shall complete all clinical evaluations and provide the state
275 attorney a written assessment and recommendation as to whether
276 the person meets the definition of a sexually violent predator
277 at least 24 hours before the person’s scheduled release date
278 from a county or municipal jail.
279 1. The department must recommend that the state attorney
280 file a petition for civil commitment if at least two members of
281 the multidisciplinary team determine that the person meets the
282 definition of a sexually violent predator.
283 2. When the department determines that a person who has
284 received a clinical evaluation does or does not meet the
285 definition of a sexually violent predator, the written
286 assessment and recommendation shall be sent to the state
287 attorney. If the state attorney questions, in writing, the
288 determination that the person does or does not meet the
289 definition of a sexually violent predator, the multidisciplinary
290 team must reexamine the case before a final written assessment
291 and recommendation is provided to the state attorney.
292 (g)(d) The Attorney General’s Office shall serve as legal
293 counsel to the multidisciplinary team.
294 (e)1. Within 180 days after receiving notice, there shall
295 be a written assessment as to whether the person meets the
296 definition of a sexually violent predator and a written
297 recommendation, which shall be provided to the state attorney.
298 The written recommendation shall be provided by the Department
299 of Children and Family Services and shall include the written
300 report of the multidisciplinary team.
301 2. Notwithstanding subparagraph 1., in the case of a person
302 for whom the written assessment and recommendation has not been
303 completed at least 365 days before his or her release from total
304 confinement, the department shall prioritize the assessment of
305 that person based upon the person’s release date.
306 (4) The multidisciplinary team shall give equal
307 consideration in the evaluation and assessment of an offender
308 whose sexually violent offense was an attempt, criminal
309 solicitation, or conspiracy, in violation of s. 777.04, to
310 commit a sexually violent offense enumerated in s. 394.912(9) as
311 it does in the evaluation and assessment of an offender who
312 completed such an enumerated sexually violent offense. A rule or
313 policy may not be established which reduces the level of
314 consideration because the sexually violent offense was an
315 attempt, criminal solicitation, or conspiracy.
316 (5)(4) The provisions of This section is are not
317 jurisdictional, and failure to comply with it them in no way
318 prevents the state attorney from proceeding against a person
319 otherwise subject to the provisions of this part.
320 Section 4. Section 394.9135, Florida Statutes, is amended
321 to read:
322 394.9135 Immediate releases from total confinement;
323 transfer of person to department; time limitations on
324 assessment, notification, and filing petition to hold in
325 custody; filing petition after release; order into custody of
326 department after release.—
327 (1)(a) If the anticipated release from total confinement of
328 a person who has been convicted of a sexually violent offense
329 becomes immediate for any reason, the agency with jurisdiction
330 shall upon immediate release from total confinement transfer
331 that person to the custody of the department of Children and
332 Family Services to be held in an appropriate secure facility.
333 (b) If a person who committed a sexually violent offense
334 and who is serving an incarcerative sentence under the custody
335 of the Department of Corrections, the Department of Juvenile
336 Justice, or a local detention facility, or who is committed to
337 the custody of the department due to an adjudication of not
338 guilty by reason of insanity is released, the state attorney, as
339 designated in s. 394.913, may file a petition with the circuit
340 court within 120 hours after the person’s release alleging that:
341 1. Section 394.9125, s. 394.913, or this section requires
342 that the person be referred for consideration for civil
343 commitment before release and the person was not referred
344 because of a mistake, oversight, or intentional act; or
345 2. The person was referred for commitment consideration
346 but, through a mistake, oversight, or intentional act, was
347 released rather than transferred to the custody of the
348 Department of Children and Families as required by this part.
349
350 If the judge determines that there is probable cause to believe
351 that the person was released in contravention of s. 394.913 or
352 this section, the judge shall order the person to be taken into
353 custody and delivered to an appropriate secure facility
354 designated by the Department of Children and Families.
355 (2) Within 72 hours after transfer pursuant to paragraph
356 (1)(a) or receipt into the department’s custody pursuant to
357 paragraph (1)(b) or s. 394.9125(4), the multidisciplinary team
358 shall assess whether the person meets the definition of a
359 sexually violent predator. If the multidisciplinary team
360 determines that the person does not meet the definition of a
361 sexually violent predator, that person shall be immediately
362 released. If at least two members of the multidisciplinary team,
363 after all clinical evaluations have been conducted, determine
364 determines that the person meets the definition of a sexually
365 violent predator, the team shall provide the state attorney, as
366 designated by s. 394.913, with its written assessment and
367 recommendation within the 72-hour period or, if the 72-hour
368 period ends after 5 p.m. on a working day or on a weekend or
369 holiday, within the next working day thereafter.
370 (3) Within 48 hours after receipt of the written assessment
371 and recommendation from the multidisciplinary team, the state
372 attorney, as designated in s. 394.913, may file a petition with
373 the circuit court alleging that the person is a sexually violent
374 predator and stating facts sufficient to support the such
375 allegation. If a petition is not filed within 48 hours after
376 receipt of the written assessment and recommendation by the
377 state attorney, the person shall be immediately released, except
378 that, if the 48-hour period ends after 5 p.m. on a working day
379 or on a weekend or holiday, the petition may be filed on the
380 next working day without resulting in the person’s release. If a
381 petition is filed pursuant to this section and the judge
382 determines that there is probable cause to believe that the
383 person is a sexually violent predator, the judge shall order
384 that the person be maintained in custody and held in an
385 appropriate secure facility for further proceedings in
386 accordance with this part.
387 (4) The provisions of This section is are not
388 jurisdictional, and failure to comply with the time limitations,
389 which results in the release of a person who has been convicted
390 of a sexually violent offense, is not dispositive of the case
391 and does not prevent the state attorney from proceeding against
392 a person otherwise subject to the provisions of this part.
393 Section 5. Section 394.914, Florida Statutes, is amended to
394 read:
395 394.914 Petition; contents.—After Following receipt from
396 the multidisciplinary team of the written assessment and
397 positive or negative recommendation as to whether the person
398 meets the definition of a sexually violent predator from the
399 multidisciplinary team, the state attorney, in accordance with
400 s. 394.913, may file a petition with the circuit court alleging
401 that the person is a sexually violent predator and stating facts
402 sufficient to support such allegation. A No fee may not shall be
403 charged for the filing of a petition under this section.
404 Section 6. Subsection (3) of section 394.918, Florida
405 Statutes, is amended to read:
406 394.918 Examinations; notice; court hearings for release of
407 committed persons; burden of proof.—
408 (3) The court shall hold a limited hearing to determine
409 whether there is probable cause to believe that the person’s
410 condition has so changed that it is safe for the person to be at
411 large and that the person will not engage in acts of sexual
412 violence if discharged. The person has the right to be
413 represented by counsel at the probable cause hearing and the
414 right, but the person is not entitled to be present. Both the
415 petitioner and the respondent may present evidence that the
416 court may weigh and consider. If the court determines that there
417 is probable cause to believe it is safe to release the person,
418 the court shall set a trial before the court on the issue.
419 Section 7. Section 394.926, Florida Statutes, is amended to
420 read:
421 394.926 Notice to victims and others of release of persons
422 in the custody of the department committed as sexually violent
423 predators; notice to Department of Corrections and Parole
424 Commission.—
425 (1) As soon as is practicable, the department shall give
426 written notice of the release of a person in the custody of the
427 department committed as a sexually violent predator to any
428 victim of the committed person who is alive and whose address is
429 known to the department or, if the victim is deceased, to the
430 victim’s family, if the family’s address is known to the
431 department. Failure to notify is not a reason for postponement
432 of release. This section does not create a cause of action
433 against the state or an employee of the state acting within the
434 scope of the employee’s employment as a result of the failure to
435 notify pursuant to this part.
436 (2) If a person in the custody of the department sexually
437 violent predator who has an active or pending term of probation,
438 community control, parole, conditional release, or other court
439 ordered or postprison release supervision is released from
440 custody, the department must immediately notify the Department
441 of Corrections’ Office of Community Corrections in Tallahassee.
442 The Parole Commission must also be immediately notified of any
443 releases of a person sexually violent predator who has an active
444 or pending term of parole, conditional release, or other
445 postprison release supervision that is administered by the
446 Parole Commission.
447 (3) If a person in the custody of the department is
448 released, the department must notify the Department of Law
449 Enforcement and the sheriff of the county in which the person
450 intends to reside, or if unknown, the sheriff of the county in
451 which the person was last convicted.
452 (4)(a) The department, in conjunction with the Department
453 of Law Enforcement, shall enroll and maintain a sexually violent
454 offender in the arrest notification program through the Florida
455 Criminal Justice Network maintained by the Department of Law
456 Enforcement upon such offender’s release from the department’s
457 custody. Upon receiving an alert that a sexually violent
458 offender has been arrested for a criminal offense subsequent to
459 his or her release, the department must immediately notify the
460 state attorney of the circuit in which the arrest occurred.
461 (b) As used in this subsection, the term “sexually violent
462 offender” means a person who has been committed to the
463 department as a sexually violent predator or who has been in the
464 department’s custody based upon a court finding of probable
465 cause to believe the person is a sexually violent predator.
466 Section 8. Section 394.931, Florida Statutes, is amended to
467 read:
468 394.931 Quarterly and annual reports.—Beginning July 1,
469 1999, The Department of Corrections shall collect information
470 and compile quarterly reports with statistics profiling inmates
471 released the previous quarter who fit the criteria and were
472 referred to the Department of Children and Families Family
473 Services pursuant to this act. The quarterly reports must be
474 produced beginning October 1, 1999. At a minimum, the
475 information that must be collected and compiled for inclusion in
476 the reports includes: whether the qualifying offense was the
477 current offense or the prior offense; the offender’s most
478 serious sexual offense; the total number of distinct victims of
479 the sexual offense; whether the victim was known to the
480 offender; whether the sexual act was consensual; whether the
481 sexual act involved multiple victims; whether direct violence
482 was involved in the sexual offense; the age of each victim at
483 the time of the offense; the age of the offender at the time of
484 the first sexual offense; whether a weapon was used; length of
485 time since the most recent sexual offense; and the total number
486 of prior and current sexual offense sexual-offense convictions.
487 The Department of Corrections shall compile recidivism data on
488 those referred, detained, or committed to the department. The
489 data shall be included in the Department of Corrections’ annual
490 report In addition, the department of Children and Family
491 Services shall implement a long-term study to determine the
492 overall efficacy of the provisions of this part.
493 Section 9. Subsection (14) is added to section 943.053,
494 Florida Statutes, to read:
495 943.053 Dissemination of criminal justice information;
496 fees.—
497 (14) Notwithstanding any other law, the department shall
498 provide to the Sexually Violent Predator Program within the
499 Department of Children and Families online access to the arrest
500 notification program through the Florida Criminal Justice
501 Network to be used solely in support of the duties of the
502 Department of Children and Families as provided in s.
503 394.926(4).
504 Section 10. If any provision of this act or its application
505 to any person or circumstance is held invalid, the invalidity
506 does not affect other provisions or applications of this act
507 which can be given effect without the invalid provision or
508 application, and to this end the provisions of this act are
509 severable.
510 Section 11. This act shall take effect July 1, 2014.