Florida Senate - 2021                                    SB 1384
       
       
        
       By Senator Rodrigues
       
       
       
       
       
       27-01272-21                                           20211384__
    1                        A bill to be entitled                      
    2         An act relating to involuntary civil commitment of
    3         sexually violent predators; amending s. 394.9155,
    4         F.S.; specifying that the Florida Rules of Criminal
    5         Procedure apply to certain proceedings relating to
    6         competency; requiring proceedings to cease when a
    7         person is found to be mentally incompetent to proceed;
    8         providing requirements for determining competency;
    9         requiring a secure facility to admit a person found
   10         mentally incompetent; requiring the facility to file
   11         specified reports with the court under certain
   12         circumstances; authorizing counsel to move for a
   13         hearing on the issue of the respondent’s competence;
   14         providing requirements relating to such hearing;
   15         requiring a court to hold a hearing within a specified
   16         timeframe after a facility files a report; providing
   17         requirements relating to such hearing; requiring a
   18         court to enter a specified order and proceed
   19         expeditiously with a hearing or trial upon determining
   20         that the respondent is competent to proceed; amending
   21         s. 394.918, F.S.; requiring a court to conduct
   22         biannual evaluations for competency for certain
   23         persons; providing requirements relating to the
   24         outcome of such evaluations; providing an effective
   25         date.
   26          
   27  Be It Enacted by the Legislature of the State of Florida:
   28  
   29         Section 1. Subsection (8) is added to section 394.9155,
   30  Florida Statutes, to read:
   31         394.9155 Rules of procedure and evidence.—In all civil
   32  commitment proceedings for sexually violent predators under this
   33  part, the following shall apply:
   34         (8) The Florida Rules of Criminal Procedure apply when
   35  competency is at issue unless otherwise specified in this part.
   36         (a)If at any time during a proceeding a person is found to
   37  be mentally incompetent to proceed, the proceedings must cease
   38  until the person is determined to be mentally competent.
   39         (b)If the court on its own motion, or on the motion of
   40  counsel for the respondent or for the state, has reasonable
   41  grounds to believe that the respondent is not mentally competent
   42  to proceed, the court must immediately enter an order setting a
   43  time for a hearing to determine the respondent’s mental
   44  condition and may order the respondent to be examined by no more
   45  than three experts before the hearing date. Attorneys for the
   46  state and the respondent may be present at any examination
   47  ordered by the court.
   48         (c)If the court finds the respondent is incompetent to
   49  proceed during a hearing or before trial, or if the court finds
   50  that the respondent is competent to proceed but that the
   51  person’s competence depends on continuation of appropriate
   52  treatment for mental illness or intellectual disability, the
   53  court must order the person into treatment at an appropriate
   54  secure facility to have his or her competency restored or to
   55  maintain his or her competence to proceed, as applicable.
   56         1.The facility shall admit the person for treatment. No
   57  later than 6 months after the date of admission, the facility
   58  shall file with the court a report that addresses the issue of
   59  the person’s competency and that considers the factors in Rule
   60  3.211, Florida Rules of Criminal Procedure. The clerk of the
   61  court shall provide copies of the report to all parties.
   62         a.If, at any time during the initial 6-month period or any
   63  period of extended time ordered pursuant to this section, the
   64  administrator of the facility determines that the respondent no
   65  longer meets the criteria for commitment for incompetency or has
   66  become competent to proceed, the facility must file a report
   67  with the court stating such determination and the clerk of the
   68  court shall provide copies of the report to all parties.
   69         b.If, at any time during the initial 6-month period or any
   70  period of extended treatment ordered pursuant to this section,
   71  counsel for the respondent has reasonable grounds to believe
   72  that the respondent is competent to proceed or no longer meets
   73  the criteria for continued treatment, counsel may move for a
   74  hearing on the issue of the respondent’s competence. The motion
   75  must contain a certificate of counsel certifying that the motion
   76  is made in good faith and on reasonable grounds that the
   77  respondent is competent to proceed or no longer meets criteria
   78  for commitment for incompetency. Such certification must contain
   79  a recital of the specific observations and, to the extent
   80  ethically permissible, any conversations with the respondent
   81  that formed the basis for the motion.
   82         c.If, upon consideration of a motion filed by counsel for
   83  the respondent or the prosecuting attorney and any information
   84  offered the court in support thereof, the court has reasonable
   85  grounds to believe that the respondent is competent to proceed,
   86  the court must order the facility to file a report addressing
   87  such issues and must order a hearing to be held on the issues.
   88  The clerk of the court shall provide copies of such report to
   89  all parties.
   90         2.The court must hold a hearing within 30 days after a
   91  report is filed by a facility pursuant to sub-subparagraph 1.a.
   92  or 1.c. If, after the hearing, the court determines that the
   93  respondent is still incompetent to proceed and that the
   94  respondent meets the criteria for continued treatment, the court
   95  must order continued treatment and the facility must file a
   96  second report pursuant to subparagraph 1.
   97         3.If the court determines that the respondent is competent
   98  to proceed at any time after his or her commitment and a
   99  hearing, the court must enter an order stating such finding and
  100  must proceed expeditiously with a hearing or trial.
  101  
  102  The failure of any party to comply with such rules shall not
  103  constitute a defense in any judicial proceedings under this
  104  part.
  105         Section 2. Subsection (5) is added to section 394.918,
  106  Florida Statutes, to read:
  107         394.918 Examinations; notice; court hearings for release of
  108  committed persons; burden of proof.—
  109         (5) The court shall biannually evaluate the competency of a
  110  person committed under this part who has been found incompetent.
  111  If the court finds that the person’s competency has been
  112  restored, the court must proceed with the annual review
  113  proceedings as set forth in this section. If the court finds
  114  that the person’s competency has not been restored, treatment
  115  for competency must continue at the commitment facility pursuant
  116  to s. 394.9155.
  117         Section 3. This act shall take effect July 1, 2021.