Bill Text: FL S0522 | 2014 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Involuntary Civil Commitment of Sexually Violent Predators

Spectrum:

Status: (Passed) 2014-04-02 - Chapter No. 2014-2, companion bill(s) passed, see CS/SB 524 (Ch. 2014-3) [S0522 Detail]

Download: Florida-2014-S0522-Introduced.html

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       Florida Senate - 2014                                     SB 522
       
       
        
       By Senator Grimsley
       
       
       
       
       
       21-00489F-14                                           2014522__
    1                        A bill to be entitled                      
    2         An act relating to involuntary civil commitment of
    3         sexually violent predators; amending s. 394.913, F.S.;
    4         requiring the agency with jurisdiction over a person
    5         who has been convicted of a sexually violent offense
    6         to give written notice to the multidisciplinary team
    7         as soon as practicable after receipt into custody of
    8         such person in a local detention facility; designating
    9         certain licensed professionals as “primary members” of
   10         the multidisciplinary team; expanding the membership
   11         of the multidisciplinary team to include three
   12         advisory members; requiring that advisory members
   13         demonstrate certain qualifications; requiring the
   14         primary members of the multidisciplinary team to
   15         prepare a written assessment as to whether a person
   16         who has been convicted of a sexually violent offense
   17         meets the definition of a sexually violent predator
   18         and to submit a written recommendation to the state
   19         attorney; requiring the victim advocate to prepare a
   20         victim impact statement; requiring the
   21         multidisciplinary team to give equal consideration to
   22         an attempt, criminal solicitation, or conspiracy to
   23         commit certain offenses as it does to the commission
   24         of such offenses; amending s. 394.9135, F.S.;
   25         providing for certain released persons to be taken
   26         into custody by the Department of Children and
   27         Families; authorizing the state attorney to file,
   28         within a specific timeframe, a petition alleging that
   29         a person released from a local detention facility was
   30         not referred as required before release because of a
   31         mistake, oversight, or intentional act or was referred
   32         for commitment consideration but released rather than
   33         transferred to custody, as required, due to a mistake,
   34         oversight, or intentional act; requiring a judge to
   35         order that a person so released be taken into custody
   36         and delivered to an appropriate secure facility under
   37         certain circumstances; amending s. 394.926, F.S.;
   38         requiring the department to provide written notice of
   39         placement of a person in the department’s custody for
   40         a commitment hearing to a victim of such person;
   41         requiring the department to notify the Department of
   42         Corrections of the release of a sexually violent
   43         predator or a person who is in custody pending
   44         sexually violent predator commitment proceedings;
   45         requiring the Department of Children and Families to
   46         send notification of the release of a sexually violent
   47         predator, or a person who is in custody pending
   48         sexually violent predator commitment proceedings, to
   49         the sheriff of the county in which such person intends
   50         to reside; amending s. 394.931, F.S.; requiring the
   51         Department of Corrections to collect recidivism
   52         information and prepare an annual report by a
   53         specified date; specifying minimum requirements for
   54         the report; requiring the department to provide
   55         necessary information; amending s. 394.912, F.S.;
   56         redefining the term “agency with jurisdiction” to
   57         include an agency that releases certain persons from
   58         the custody of a local detention facility; redefining
   59         the term “total confinement” to include persons being
   60         held in a local detention facility and certain persons
   61         held in custody beyond their lawful release date;
   62         providing severability; providing an effective date.
   63          
   64  Be It Enacted by the Legislature of the State of Florida:
   65  
   66         Section 1. Section 394.913, Florida Statutes, is amended to
   67  read:
   68         394.913 Notice to state attorney and multidisciplinary team
   69  of release of sexually violent predator; establishing
   70  multidisciplinary teams; information to be provided to
   71  multidisciplinary teams; requirement for recommendation and
   72  victim impact statement.—
   73         (1) The agency with jurisdiction over a person who has been
   74  convicted of a sexually violent offense shall give written
   75  notice to the multidisciplinary team, and shall provide a copy
   76  of the notice to the state attorney of the circuit in which
   77  where that person was last convicted of a sexually violent
   78  offense. If the person has never been convicted of a sexually
   79  violent offense in this state but has been convicted of a
   80  sexually violent offense in another state or in federal court,
   81  the agency with jurisdiction shall give written notice to the
   82  multidisciplinary team and a copy to the state attorney of the
   83  circuit in which where the person was last convicted of any
   84  offense in this state. If the person is being confined in this
   85  state pursuant to interstate compact and has a prior or current
   86  conviction for a sexually violent offense, the agency with
   87  jurisdiction shall give written notice to the multidisciplinary
   88  team and shall provide a copy to the state attorney of the
   89  circuit in which where the person plans to reside upon release
   90  or, if no residence in this state is planned, the state attorney
   91  in the circuit in which where the facility from which the person
   92  to be released is located. Except as provided in s. 394.9135,
   93  the written notice shall must be given:
   94         (a) At least 545 days before prior to the anticipated
   95  release from total confinement of a person serving a sentence in
   96  the custody of the Department of Corrections, except that in the
   97  case of a person persons who is are totally confined for a
   98  period of less than 545 days, written notice must be given as
   99  soon as practicable;
  100         (b) As soon as practicable after receipt into custody of a
  101  person who is sentenced to confinement in a local detention
  102  facility;
  103         (c)(b) At least 180 days before prior to the anticipated
  104  release from residential commitment of a person committed to the
  105  custody of the Department of Juvenile Justice, except that in
  106  the case of a person persons who is are committed to a low or
  107  moderate risk facility, written notice must be given as soon as
  108  practicable; or
  109         (d)(c) At least 180 days before prior to the anticipated
  110  hearing regarding possible release of a person committed to the
  111  custody of the department who has been found not guilty by
  112  reason of insanity or mental incapacity of a sexually violent
  113  offense.
  114         (2) The agency having jurisdiction shall provide the
  115  multidisciplinary team with the following information:
  116         (a) The person’s name; identifying characteristics;
  117  anticipated future residence; the type of supervision the person
  118  will receive in the community, if any; and the person’s offense
  119  history;
  120         (b) The person’s criminal history, including police
  121  reports, victim statements, presentence investigation reports,
  122  postsentence investigation reports, if available, and any other
  123  documents containing facts of the person’s criminal incidents or
  124  indicating whether the criminal incidents included sexual acts
  125  or were sexually motivated;
  126         (c) Mental health, mental status, and medical records,
  127  including all clinical records and notes concerning the person;
  128         (d) Documentation of institutional adjustment and any
  129  treatment received and, in the case of an adjudicated delinquent
  130  committed to the Department of Juvenile Justice, copies of the
  131  most recent performance plan and performance summary; and
  132         (e) If the person was returned to custody after a period of
  133  supervision, documentation of adjustment during supervision and
  134  any treatment received.
  135         (3)(a) The secretary or his or her designee shall establish
  136  a multidisciplinary team or teams.
  137         (b) Each team shall include, but need is not be limited to,
  138  two licensed psychiatrists or psychologists or one licensed
  139  psychiatrist and one licensed psychologist as primary members.
  140  The team shall include as advisory members an assistant state
  141  attorney with at least 5 years’ experience prosecuting sexual
  142  offenses; a certified law enforcement officer with at least 10
  143  years’ experience investigating sexual offenses; and a victim
  144  advocate who has a master’s or doctoral degree in social work,
  145  psychology, sociology, or a related field and at least 5 years’
  146  experience representing victims of sexual violence. The
  147  multidisciplinary team shall assess and evaluate each person
  148  referred to the team. The assessment and evaluation must shall
  149  include a review of the person’s institutional history and
  150  treatment record, if any, the person’s criminal background, and
  151  any other factor that is relevant to the determination of
  152  whether the such person is a sexually violent predator.
  153         (c) Before recommending that a person meets the definition
  154  of a sexually violent predator, the person must be offered a
  155  personal interview. If the person agrees to participate in a
  156  personal interview, at least one member of the team who is a
  157  licensed psychiatrist or psychologist must conduct a personal
  158  interview of the person. If the person refuses to fully
  159  participate in a personal interview, the multidisciplinary team
  160  may proceed with its recommendation without the a personal
  161  interview of the person.
  162         (d) The Attorney General’s Office shall serve as legal
  163  counsel to the multidisciplinary team.
  164         (e)1. Within 180 days after receiving notice, the primary
  165  members shall prepare there shall be a written assessment as to
  166  whether the person meets the definition of a sexually violent
  167  predator and make a written recommendation, which shall be
  168  provided by the department to the state attorney. The written
  169  recommendation shall be provided by the Department of Children
  170  and Family Services and shall include the written report of the
  171  primary members of the multidisciplinary team, as well as a
  172  victim impact statement prepared by the victim’s advocate.
  173         2. Notwithstanding subparagraph 1., in the case of a person
  174  for whom the written assessment and recommendation has not been
  175  completed at least 365 days before his or her release from total
  176  confinement, the department shall prioritize the assessment of
  177  that person based upon the person’s release date.
  178         (4) The multidisciplinary team shall give equal
  179  consideration in the evaluation and assessment of an offender
  180  whose sexually violent offense was an attempt, criminal
  181  solicitation, or conspiracy, in violation of s. 777.04, to
  182  commit a sexually violent offense enumerated in s. 394.912(9) as
  183  it does in the evaluation and assessment of an offender who
  184  completed such an enumerated sexually violent offense. A rule or
  185  policy may not be established which reduces the level of
  186  consideration because the sexually violent offense was an
  187  attempt, criminal solicitation, or conspiracy.
  188         (5)(4) The provisions of This section is are not
  189  jurisdictional, and failure to comply with it them in no way
  190  prevents the state attorney from proceeding against a person
  191  otherwise subject to the provisions of this part.
  192         Section 2. Section 394.9135, Florida Statutes, is amended
  193  to read:
  194         394.9135 Immediate releases from total confinement;
  195  transfer of person to department; time limitations on
  196  assessment, notification, and filing petition to hold in
  197  custody; filing petition after release; order into custody of
  198  department after release.—
  199         (1)(a) If the anticipated release from total confinement of
  200  a person who has been convicted of a sexually violent offense
  201  becomes immediate for any reason, the agency with jurisdiction
  202  shall upon immediate release from total confinement transfer
  203  that person to the custody of the department of Children and
  204  Family Services to be held in an appropriate secure facility.
  205         (b) If a person who committed a sexually violent offense
  206  and who is serving an incarcerative sentence under the custody
  207  of the Department of Corrections or the Department of Juvenile
  208  Justice is released from a local detention facility, the state
  209  attorney, as designated in s. 394.913, may file a petition with
  210  the circuit court within 120 hours after the person’s release
  211  alleging that:
  212         1. Section 394.913 or this section requires that the person
  213  be referred for consideration for civil commitment before
  214  release and the person was not referred because of mistake,
  215  oversight, or intentional act; or
  216         2. The person was referred for commitment consideration
  217  and, through mistake, oversight, or intentional act, was
  218  released rather than transferred to the custody of the
  219  Department of Children and Families as required by this part.
  220  
  221  If the judge determines that there is probable cause to believe
  222  the person was released in contravention of s. 394.913 or this
  223  section, the judge shall order the person to be taken into
  224  custody and delivered to an appropriate secure facility
  225  designated by the Department of Children and Families.
  226         (2) Within 72 hours after transfer pursuant to paragraph
  227  (1)(a) or receipt into the department’s custody pursuant to
  228  paragraph (1)(b), the multidisciplinary team shall assess
  229  whether the person meets the definition of a sexually violent
  230  predator as defined in s. 394.912. If the multidisciplinary team
  231  determines that the person does not meet the definition of a
  232  sexually violent predator, that person shall be immediately
  233  released. If the multidisciplinary team determines that the
  234  person meets the definition of a sexually violent predator, the
  235  team shall provide the state attorney, as designated by s.
  236  394.913, with its written assessment and recommendation within
  237  the 72-hour period or, if the 72-hour period ends after 5 p.m.
  238  on a working day or on a weekend or holiday, within the next
  239  working day thereafter.
  240         (3) Within 48 hours after receipt of the written assessment
  241  and recommendation from the multidisciplinary team, the state
  242  attorney, as designated in s. 394.913, may file a petition with
  243  the circuit court alleging that the person is a sexually violent
  244  predator and stating facts sufficient to support the such
  245  allegation. If a petition is not filed within 48 hours after
  246  receipt of the written assessment and recommendation by the
  247  state attorney, the person shall be immediately released, except
  248  that, if the 48-hour period ends after 5 p.m. on a working day
  249  or on a weekend or holiday, the petition may be filed on the
  250  next working day without resulting in the person’s release. If a
  251  petition is filed pursuant to this section and the judge
  252  determines that there is probable cause to believe that the
  253  person is a sexually violent predator, the judge shall order
  254  that the person be maintained in custody and held in an
  255  appropriate secure facility for further proceedings in
  256  accordance with this part.
  257         (4) The provisions of This section is are not
  258  jurisdictional, and failure to comply with the time limitations,
  259  which results in the release of a person who has been convicted
  260  of a sexually violent offense, is not dispositive of the case
  261  and does not prevent the state attorney from proceeding against
  262  a person otherwise subject to the provisions of this part.
  263         Section 3. Section 394.926, Florida Statutes, is amended to
  264  read:
  265         394.926 Notice to victims of release of persons committed
  266  as sexually violent predators or in custody for commitment
  267  proceedings; notice to Department of Corrections and Parole
  268  Commission; notice to sheriff.—
  269         (1) As soon as is practicable, the department shall give
  270  written notice of the release of a person who is committed as a
  271  sexually violent predator, or who is in the department’s custody
  272  based upon a court finding of probable cause to believe that the
  273  person is a sexually violent predator, to any victim of the
  274  committed person who is alive and whose address is known to the
  275  department or, if the victim is deceased, to the victim’s
  276  family, if the family’s address is known to the department.
  277  Failure to notify is not a reason for postponement of release.
  278  This section does not create a cause of action against the state
  279  or an employee of the state acting within the scope of the
  280  employee’s employment as a result of the failure to notify
  281  pursuant to this part.
  282         (2) The department shall immediately give written notice to
  283  the Department of Corrections’ Office of Community Corrections
  284  of the release of a person who is committed as If a sexually
  285  violent predator, or who is in the department’s custody based
  286  upon a court finding of probable cause to believe that the
  287  person is a sexually violent predator, who has an active or
  288  pending term of probation, community control, parole,
  289  conditional release, or other court-ordered or postprison
  290  release supervision is released from custody, the department
  291  must immediately notify the Department of Corrections’ Office of
  292  Community Corrections in Tallahassee. The Parole Commission must
  293  also be immediately notified of the release any releases of any
  294  such a sexually violent predator who has an active or pending
  295  term of parole, conditional release, or other postprison release
  296  supervision that is administered by the Parole Commission.
  297         (3) The department shall give written notice of the release
  298  of a person who is committed as a sexually violent predator, or
  299  who is in the department’s custody based upon a court finding of
  300  probable cause to believe that the person is a sexually violent
  301  predator, to the sheriff of the county in which the person
  302  intends to reside or, if unknown, the sheriff of the county in
  303  which the person was last convicted.
  304         Section 4. Section 394.931, Florida Statutes, is amended to
  305  read:
  306         394.931 Quarterly and annual reports.—
  307         (1) Beginning July 1, 1999, The Department of Corrections
  308  shall collect information and compile quarterly reports with
  309  statistics profiling inmates released the previous quarter who
  310  fit the criteria and were referred to the Department of Children
  311  and Families Family Services pursuant to this act. The quarterly
  312  reports must be produced beginning October 1, 1999. At a
  313  minimum, the information that must be collected and compiled for
  314  inclusion in the reports includes: whether the qualifying
  315  offense was the current offense or the prior offense; the
  316  offender’s most serious sexual offense; the total number of
  317  distinct victims of the sexual offense; whether the victim was
  318  known to the offender; whether the sexual act was consensual;
  319  whether the sexual act involved multiple victims; whether direct
  320  violence was involved in the sexual offense; the age of each
  321  victim at the time of the offense; the age of the offender at
  322  the time of the first sexual offense; whether a weapon was used;
  323  length of time since the most recent sexual offense; and the
  324  total number of prior and current sexual offense sexual-offense
  325  convictions. In addition, the department of Children and Family
  326  Services shall implement a long-term study to determine the
  327  overall efficacy of the provisions of this part.
  328         (2)(a) Beginning July 1, 2014, the Department of
  329  Corrections shall collect information necessary to produce an
  330  annual report to the Legislature documenting recidivism rates
  331  for offenders referred to and released from the civil
  332  confinement facility. The Department of Children and Families
  333  shall provide the necessary offender information to the
  334  Department of Corrections to facilitate the recidivism report.
  335         (b) The first report shall be submitted to the Legislature
  336  by July 1, 2015, and annually thereafter. At a minimum, the
  337  report must:
  338         1. Separately report recidivism rates for persons released
  339  from detention and for persons released from commitment;
  340         2. Define recidivism as return to prison or community
  341  supervision for a new sexual offense; and
  342         3. Include an analysis of technical violations.
  343         Section 5. Subsections (1) and (11) of section 394.912,
  344  Florida Statutes, are amended to read:
  345         394.912 Definitions.—As used in this part, the term:
  346         (1) “Agency with jurisdiction” means:
  347         (a) The agency that releases, upon lawful order or
  348  authority, a person who is serving a sentence in the custody of
  349  the Department of Corrections, a person who was adjudicated
  350  delinquent and is committed to the custody of the Department of
  351  Juvenile Justice, or a person who was involuntarily committed to
  352  the custody of the Department of Children and Families Family
  353  Services upon an adjudication of not guilty by reason of
  354  insanity.
  355         (b) The agency that releases, upon lawful order or
  356  authority, a person who is serving a sentence in the custody of
  357  a local detention facility for any offense other than a
  358  violation of s. 316.193 or s. 832.05 and who is:
  359         1. Designated as a sexual predator pursuant to s. 775.21 or
  360  a sexual offender pursuant to s. 943.0435 as the result of being
  361  convicted of a sexually violent offense; or
  362         2. A person for whom the state attorney has provided the
  363  agency with written notification that the person has been
  364  convicted of committing a sexually violent offense;
  365  
  366  unless the person is to be transferred or returned to total
  367  confinement in the custody of the Department of Corrections, the
  368  Department of Juvenile Justice, or the Department of Children
  369  and Families.
  370         (c) The agency that releases, upon lawful order or
  371  authority, a person who is serving a sentence in the custody of
  372  a local detention facility and for whom the state attorney has
  373  provided the agency with written notification that, in the
  374  opinion of the state attorney, the offense for which the person
  375  is in custody was a sexually motivated offense.
  376         (11) “Total confinement” means that the person is currently
  377  being held in any physically secure facility being operated or
  378  contractually operated for the Department of Corrections, the
  379  Department of Juvenile Justice, or the Department of Children
  380  and Families or in a local detention facility Family Services. A
  381  person is shall also be deemed to be in total confinement and
  382  subject to for applicability of provisions under this part if:
  383         (a) The person is serving an incarcerative sentence under
  384  the custody of the Department of Corrections or the Department
  385  of Juvenile Justice and is being held in any other secure
  386  facility for any reason; or
  387         (b) A court or the agency with jurisdiction determines that
  388  the person who is being held should have been lawfully released
  389  at an earlier date and that the provisions of this part would
  390  have been applicable to the person on the date that he or she
  391  should have been lawfully released.
  392         Section 6. If any provision of this act or its application
  393  to any person or circumstance is held invalid, the invalidity
  394  does not affect other provisions or applications of this act
  395  which can be given effect without the invalid provision or
  396  application, and to this end the provisions of this act are
  397  severable.
  398         Section 7. This act shall take effect July 1, 2014.