Florida Senate - 2016                              CS for SB 936
       
       
        
       By the Committee on Criminal Justice; and Senator Ring
       
       591-02915-16                                           2016936c1
    1                        A bill to be entitled                      
    2         An act relating to criminal justice system interviews
    3         of persons with autism, an autism spectrum disorder,
    4         or a related developmental disability; providing a
    5         short title; encouraging the use of certain state-of
    6         the-art digital devices for the purposes of
    7         identification and notification; requiring that
    8         certain professionals with experience in treating,
    9         teaching, or assisting persons with autism, an autism
   10         spectrum disorder, or a related developmental
   11         disability be present during an interview of a person
   12         with autism, an autism spectrum disorder, or a related
   13         developmental disability conducted by specified
   14         persons unless extenuating circumstances exist;
   15         requiring a law enforcement officer, a correctional
   16         officer, or another public safety official to document
   17         in writing any extenuating circumstances; authorizing
   18         a law enforcement officer, a correctional officer, or
   19         another public safety official to hold persons with
   20         autism, an autism spectrum disorder, or a related
   21         developmental disability for a reasonable period of
   22         time under certain circumstances; providing that the
   23         cost of retaining a professional must be borne by such
   24         persons; providing an effective date.
   25          
   26  Be It Enacted by the Legislature of the State of Florida:
   27  
   28         Section 1. This act may be cited as “The Wes Kleinert Fair
   29  Interview Act.”
   30         Section 2. (1) The Legislature encourages the use of state
   31  of-the-art digital devices, such as bracelets, necklaces, and
   32  pocket cards that are similar to those kept upon the person of
   33  individuals who have certain medical conditions or age-related
   34  disabilities, to assist law enforcement, correctional, or other
   35  public safety officials and other concerned persons in quickly
   36  identifying individuals who have been diagnosed with autism, an
   37  autism spectrum disorder, or a related developmental disability
   38  and notifying the family members, caregivers, and primary
   39  intervention professionals of such individuals when a crisis
   40  occurs.
   41         (2) Unless extenuating circumstances exist, a psychiatrist,
   42  psychologist, mental health counselor, special education
   43  instructor, clinical social worker, speech therapist, or related
   44  professional, each of whom must have experience treating,
   45  teaching, or assisting patients or clients who have been
   46  diagnosed with autism, an autism spectrum disorder, or a related
   47  developmental disability, or must be certified in special
   48  education with a concentration focused on persons with autism,
   49  an autism spectrum disorder, or a related developmental
   50  disability, must be present to assist a law enforcement officer,
   51  a correctional officer, or another public safety official during
   52  all interviews of an individual with autism, an autism spectrum
   53  disorder, or a related developmental disability, whether the
   54  individual being interviewed is the victim of a crime, the
   55  suspect in a crime, or the defendant formally accused of a crime
   56  or is otherwise involved in the criminal justice system. If
   57  extenuating circumstances exist and it is not possible to delay
   58  the interview until such a professional is available, a law
   59  enforcement officer, a correctional officer, or another public
   60  safety official must document the circumstances in writing and
   61  make a professional available as soon as practicable. An
   62  individual with autism, an autism spectrum disorder, or a
   63  related developmental disability may be held for a reasonable
   64  period of time until a professional is retained by the
   65  individual or his or her representative. The cost of the
   66  professional must be borne by the individual.
   67         Section 3. This act shall take effect July 1, 2016.