Bill Text: FL S0522 | 2014 | Regular Session | Comm Sub

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-Comm_Sub.html

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       Florida Senate - 2014                              CS for SB 522
       
       
        
       By the Committee on Children, Families, and Elder Affairs; and
       Senators Grimsley and Detert
       
       
       
       
       586-01053-14                                           2014522c1
    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; authorizing the victim advocate to
   25         veto the finding by the multidisciplinary team that
   26         the person does not meet the definition of a sexually
   27         violent predator; amending s. 394.9135, F.S.;
   28         providing for certain released persons to be taken
   29         into custody by the Department of Children and
   30         Families; authorizing the state attorney to file,
   31         within a specific timeframe, a petition alleging that
   32         a person released from a local detention facility was
   33         not referred as required before release because of a
   34         mistake, oversight, or intentional act or was referred
   35         for commitment consideration but released rather than
   36         transferred to custody, as required, due to a mistake,
   37         oversight, or intentional act; requiring a judge to
   38         order that a person so released be taken into custody
   39         and delivered to an appropriate secure facility under
   40         certain circumstances; amending s. 394.926, F.S.;
   41         requiring the department to provide written notice of
   42         placement of a person in the department’s custody for
   43         a commitment hearing to a victim of such person;
   44         requiring the department to notify the Department of
   45         Corrections of the release of a sexually violent
   46         predator or a person who is in custody pending
   47         sexually violent predator commitment proceedings;
   48         requiring the Department of Children and Families to
   49         send notification of the release of a sexually violent
   50         predator, or a person who is in custody pending
   51         sexually violent predator commitment proceedings, to
   52         the sheriff of the county in which such person intends
   53         to reside; amending s. 394.931, F.S.; requiring the
   54         Department of Corrections to collect recidivism
   55         information and prepare an annual report by a
   56         specified date; specifying minimum requirements for
   57         the report; requiring the department to provide
   58         necessary information; amending s. 394.912, F.S.;
   59         redefining the term “agency with jurisdiction” to
   60         include an agency that releases certain persons from
   61         the custody of a local detention facility; redefining
   62         the term “total confinement” to include persons being
   63         held in a local detention facility and certain persons
   64         held in custody beyond their lawful release date;
   65         providing severability; providing an effective date.
   66          
   67  Be It Enacted by the Legislature of the State of Florida:
   68  
   69         Section 1. Section 394.913, Florida Statutes, is amended to
   70  read:
   71         394.913 Notice to state attorney and multidisciplinary team
   72  of release of sexually violent predator; establishing
   73  multidisciplinary teams; information to be provided to
   74  multidisciplinary teams; requirement for recommendation and
   75  victim impact statement.—
   76         (1) The agency with jurisdiction over a person who has been
   77  convicted of a sexually violent offense shall give written
   78  notice to the multidisciplinary team, and shall provide a copy
   79  of the notice to the state attorney of the circuit in which
   80  where that person was last convicted of a sexually violent
   81  offense. If the person has never been convicted of a sexually
   82  violent offense in this state but has been convicted of a
   83  sexually violent offense in another state or in federal court,
   84  the agency with jurisdiction shall give written notice to the
   85  multidisciplinary team and a copy to the state attorney of the
   86  circuit in which where the person was last convicted of any
   87  offense in this state. If the person is being confined in this
   88  state pursuant to interstate compact and has a prior or current
   89  conviction for a sexually violent offense, the agency with
   90  jurisdiction shall give written notice to the multidisciplinary
   91  team and shall provide a copy to the state attorney of the
   92  circuit in which where the person plans to reside upon release
   93  or, if no residence in this state is planned, the state attorney
   94  in the circuit in which where the facility from which the person
   95  to be released is located. Except as provided in s. 394.9135,
   96  the written notice shall must be given:
   97         (a) At least 545 days before prior to the anticipated
   98  release from total confinement of a person serving a sentence in
   99  the custody of the Department of Corrections, except that in the
  100  case of a person persons who is are totally confined for a
  101  period of less than 545 days, written notice must be given as
  102  soon as practicable;
  103         (b) As soon as practicable after receipt into custody of a
  104  person who is sentenced to confinement in a local detention
  105  facility;
  106         (c)(b) At least 180 days before prior to the anticipated
  107  release from residential commitment of a person committed to the
  108  custody of the Department of Juvenile Justice, except that in
  109  the case of a person persons who is are committed to a low or
  110  moderate risk facility, written notice must be given as soon as
  111  practicable; or
  112         (d)(c) At least 180 days before prior to the anticipated
  113  hearing regarding possible release of a person committed to the
  114  custody of the department who has been found not guilty by
  115  reason of insanity or mental incapacity of a sexually violent
  116  offense.
  117         (2) The agency having jurisdiction shall provide the
  118  multidisciplinary team with the following information:
  119         (a) The person’s name; identifying characteristics;
  120  anticipated future residence; the type of supervision the person
  121  will receive in the community, if any; and the person’s offense
  122  history;
  123         (b) The person’s criminal history, including police
  124  reports, victim statements, presentence investigation reports,
  125  postsentence investigation reports, if available, and any other
  126  documents containing facts of the person’s criminal incidents or
  127  indicating whether the criminal incidents included sexual acts
  128  or were sexually motivated;
  129         (c) Mental health, mental status, and medical records,
  130  including all clinical records and notes concerning the person;
  131         (d) Documentation of institutional adjustment and any
  132  treatment received and, in the case of an adjudicated delinquent
  133  committed to the Department of Juvenile Justice, copies of the
  134  most recent performance plan and performance summary; and
  135         (e) If the person was returned to custody after a period of
  136  supervision, documentation of adjustment during supervision and
  137  any treatment received.
  138         (3)(a) The secretary or his or her designee shall establish
  139  a multidisciplinary team or teams.
  140         (b) Each team shall include, but need is not be limited to,
  141  two licensed psychiatrists or psychologists or one licensed
  142  psychiatrist and one licensed psychologist as primary members.
  143  The team shall include as advisory members an assistant state
  144  attorney with at least 5 years’ experience prosecuting sexual
  145  offenses; a certified law enforcement officer with at least 10
  146  years’ experience investigating sexual offenses; and a victim
  147  advocate who has a master’s or doctoral degree in social work,
  148  psychology, sociology, or a related field and at least 5 years’
  149  experience representing victims of sexual violence. The
  150  multidisciplinary team shall assess and evaluate each person
  151  referred to the team. The assessment and evaluation must shall
  152  include a review of the person’s institutional history and
  153  treatment record, if any, the person’s criminal background, and
  154  any other factor that is relevant to the determination of
  155  whether the such person is a sexually violent predator.
  156         (c) Before recommending that a person meets the definition
  157  of a sexually violent predator, the person must be offered a
  158  personal interview. If the person agrees to participate in a
  159  personal interview, at least one member of the team who is a
  160  licensed psychiatrist or psychologist must conduct a personal
  161  interview of the person. If the person refuses to fully
  162  participate in a personal interview, the multidisciplinary team
  163  may proceed with its recommendation without the a personal
  164  interview of the person.
  165         (d) The Attorney General’s Office shall serve as legal
  166  counsel to the multidisciplinary team.
  167         (e)1. Within 180 days after receiving notice, the primary
  168  members shall prepare there shall be a written assessment as to
  169  whether the person meets the definition of a sexually violent
  170  predator and make a written recommendation, which shall be
  171  provided by the department to the state attorney. The written
  172  recommendation shall be provided by the Department of Children
  173  and Family Services and shall include the written report of the
  174  primary members of the multidisciplinary team, as well as a
  175  victim impact statement prepared by the victim’s advocate.
  176         2. Notwithstanding subparagraph 1., in the case of a person
  177  for whom the written assessment and recommendation has not been
  178  completed at least 365 days before his or her release from total
  179  confinement, the department shall prioritize the assessment of
  180  that person based upon the person’s release date.
  181         (4) The multidisciplinary team shall give equal
  182  consideration in the evaluation and assessment of an offender
  183  whose sexually violent offense was an attempt, criminal
  184  solicitation, or conspiracy, in violation of s. 777.04, to
  185  commit a sexually violent offense enumerated in s. 394.912(9) as
  186  it does in the evaluation and assessment of an offender who
  187  completed such an enumerated sexually violent offense. A rule or
  188  policy may not be established which reduces the level of
  189  consideration because the sexually violent offense was an
  190  attempt, criminal solicitation, or conspiracy.
  191         (5) The victim advocate on the multidisciplinary team may
  192  veto the decision of the team if the team determines that the
  193  person does not meet the definition of a sexually violent
  194  predator. In such cases, the department shall provide the
  195  recommendation of the multidisciplinary team and the
  196  determination of the victim advocate to the state attorney.
  197         (6)(4) The provisions of This section is are not
  198  jurisdictional, and failure to comply with it them in no way
  199  prevents the state attorney from proceeding against a person
  200  otherwise subject to the provisions of this part.
  201         Section 2. Section 394.9135, Florida Statutes, is amended
  202  to read:
  203         394.9135 Immediate releases from total confinement;
  204  transfer of person to department; time limitations on
  205  assessment, notification, and filing petition to hold in
  206  custody; filing petition after release; order into custody of
  207  department after release.—
  208         (1)(a) If the anticipated release from total confinement of
  209  a person who has been convicted of a sexually violent offense
  210  becomes immediate for any reason, the agency with jurisdiction
  211  shall upon immediate release from total confinement transfer
  212  that person to the custody of the department of Children and
  213  Family Services to be held in an appropriate secure facility.
  214         (b) If a person who committed a sexually violent offense
  215  and who is serving an incarcerative sentence under the custody
  216  of the Department of Corrections or the Department of Juvenile
  217  Justice is released from a local detention facility, the state
  218  attorney, as designated in s. 394.913, may file a petition with
  219  the circuit court within 120 hours after the person’s release
  220  alleging that:
  221         1. Section 394.913 or this section requires that the person
  222  be referred for consideration for civil commitment before
  223  release and the person was not referred because of mistake,
  224  oversight, or intentional act; or
  225         2. The person was referred for commitment consideration
  226  and, through mistake, oversight, or intentional act, was
  227  released rather than transferred to the custody of the
  228  Department of Children and Families as required by this part.
  229  
  230  If the judge determines that there is probable cause to believe
  231  the person was released in contravention of s. 394.913 or this
  232  section, the judge shall order the person to be taken into
  233  custody and delivered to an appropriate secure facility
  234  designated by the Department of Children and Families.
  235         (2) Within 72 hours after transfer pursuant to paragraph
  236  (1)(a) or receipt into the department’s custody pursuant to
  237  paragraph (1)(b), the multidisciplinary team shall assess
  238  whether the person meets the definition of a sexually violent
  239  predator as defined in s. 394.912. If the multidisciplinary team
  240  determines that the person does not meet the definition of a
  241  sexually violent predator, that person shall be immediately
  242  released. If the multidisciplinary team determines that the
  243  person meets the definition of a sexually violent predator, the
  244  team shall provide the state attorney, as designated by s.
  245  394.913, with its written assessment and recommendation within
  246  the 72-hour period or, if the 72-hour period ends after 5 p.m.
  247  on a working day or on a weekend or holiday, within the next
  248  working day thereafter.
  249         (3) Within 48 hours after receipt of the written assessment
  250  and recommendation from the multidisciplinary team, the state
  251  attorney, as designated in s. 394.913, may file a petition with
  252  the circuit court alleging that the person is a sexually violent
  253  predator and stating facts sufficient to support the such
  254  allegation. If a petition is not filed within 48 hours after
  255  receipt of the written assessment and recommendation by the
  256  state attorney, the person shall be immediately released, except
  257  that, if the 48-hour period ends after 5 p.m. on a working day
  258  or on a weekend or holiday, the petition may be filed on the
  259  next working day without resulting in the person’s release. If a
  260  petition is filed pursuant to this section and the judge
  261  determines that there is probable cause to believe that the
  262  person is a sexually violent predator, the judge shall order
  263  that the person be maintained in custody and held in an
  264  appropriate secure facility for further proceedings in
  265  accordance with this part.
  266         (4) The provisions of This section is are not
  267  jurisdictional, and failure to comply with the time limitations,
  268  which results in the release of a person who has been convicted
  269  of a sexually violent offense, is not dispositive of the case
  270  and does not prevent the state attorney from proceeding against
  271  a person otherwise subject to the provisions of this part.
  272         Section 3. Section 394.926, Florida Statutes, is amended to
  273  read:
  274         394.926 Notice to victims of release of persons committed
  275  as sexually violent predators or in custody for commitment
  276  proceedings; notice to Department of Corrections and Parole
  277  Commission; notice to sheriff.—
  278         (1) As soon as is practicable, the department shall give
  279  written notice of the release of a person who is committed as a
  280  sexually violent predator, or who is in the department’s custody
  281  based upon a court finding of probable cause to believe that the
  282  person is a sexually violent predator, to any victim of the
  283  committed person who is alive and whose address is known to the
  284  department or, if the victim is deceased, to the victim’s
  285  family, if the family’s address is known to the department.
  286  Failure to notify is not a reason for postponement of release.
  287  This section does not create a cause of action against the state
  288  or an employee of the state acting within the scope of the
  289  employee’s employment as a result of the failure to notify
  290  pursuant to this part.
  291         (2) The department shall immediately give written notice to
  292  the Department of Corrections’ Office of Community Corrections
  293  of the release of a person who is committed as If a sexually
  294  violent predator, or who is in the department’s custody based
  295  upon a court finding of probable cause to believe that the
  296  person is a sexually violent predator, who has an active or
  297  pending term of probation, community control, parole,
  298  conditional release, or other court-ordered or postprison
  299  release supervision is released from custody, the department
  300  must immediately notify the Department of Corrections’ Office of
  301  Community Corrections in Tallahassee. The Parole Commission must
  302  also be immediately notified of the release any releases of any
  303  such a sexually violent predator who has an active or pending
  304  term of parole, conditional release, or other postprison release
  305  supervision that is administered by the Parole Commission.
  306         (3) The department shall give written notice of the release
  307  of a person who is committed as a sexually violent predator, or
  308  who is in the department’s custody based upon a court finding of
  309  probable cause to believe that the person is a sexually violent
  310  predator, to the sheriff of the county in which the person
  311  intends to reside or, if unknown, the sheriff of the county in
  312  which the person was last convicted.
  313         Section 4. Section 394.931, Florida Statutes, is amended to
  314  read:
  315         394.931 Quarterly and annual reports.—
  316         (1) Beginning July 1, 1999, The Department of Corrections
  317  shall collect information and compile quarterly reports with
  318  statistics profiling inmates released the previous quarter who
  319  fit the criteria and were referred to the Department of Children
  320  and Families Family Services pursuant to this act. The quarterly
  321  reports must be produced beginning October 1, 1999. At a
  322  minimum, the information that must be collected and compiled for
  323  inclusion in the reports includes: whether the qualifying
  324  offense was the current offense or the prior offense; the
  325  offender’s most serious sexual offense; the total number of
  326  distinct victims of the sexual offense; whether the victim was
  327  known to the offender; whether the sexual act was consensual;
  328  whether the sexual act involved multiple victims; whether direct
  329  violence was involved in the sexual offense; the age of each
  330  victim at the time of the offense; the age of the offender at
  331  the time of the first sexual offense; whether a weapon was used;
  332  length of time since the most recent sexual offense; and the
  333  total number of prior and current sexual offense sexual-offense
  334  convictions. In addition, the department of Children and Family
  335  Services shall implement a long-term study to determine the
  336  overall efficacy of the provisions of this part.
  337         (2)(a) Beginning July 1, 2014, the Department of
  338  Corrections shall collect information necessary to produce an
  339  annual report to the Legislature documenting recidivism rates
  340  for offenders referred to and released from the civil
  341  confinement facility. The Department of Children and Families
  342  shall provide the necessary offender information to the
  343  Department of Corrections to facilitate the recidivism report.
  344         (b) The first report shall be submitted to the Legislature
  345  by July 1, 2015, and annually thereafter. At a minimum, the
  346  report must:
  347         1. Separately report recidivism rates for persons released
  348  from detention and for persons released from commitment;
  349         2. Define recidivism as return to prison or community
  350  supervision for a new sexual offense; and
  351         3. Include an analysis of technical violations.
  352         Section 5. Subsections (1) and (11) of section 394.912,
  353  Florida Statutes, are amended to read:
  354         394.912 Definitions.—As used in this part, the term:
  355         (1) “Agency with jurisdiction” means:
  356         (a) The agency that releases, upon lawful order or
  357  authority, a person who is serving a sentence in the custody of
  358  the Department of Corrections, a person who was adjudicated
  359  delinquent and is committed to the custody of the Department of
  360  Juvenile Justice, or a person who was involuntarily committed to
  361  the custody of the Department of Children and Families Family
  362  Services upon an adjudication of not guilty by reason of
  363  insanity.
  364         (b) The agency that releases, upon lawful order or
  365  authority, a person who is serving a sentence in the custody of
  366  a local detention facility for any offense other than a
  367  violation of s. 316.193 or s. 832.05 and who is:
  368         1. Designated as a sexual predator pursuant to s. 775.21 or
  369  a sexual offender pursuant to s. 943.0435 as the result of being
  370  convicted of a sexually violent offense; or
  371         2. A person for whom the state attorney has provided the
  372  agency with written notification that the person has been
  373  convicted of committing a sexually violent offense;
  374  
  375  unless the person is to be transferred or returned to total
  376  confinement in the custody of the Department of Corrections, the
  377  Department of Juvenile Justice, or the Department of Children
  378  and Families.
  379         (c) The agency that releases, upon lawful order or
  380  authority, a person who is serving a sentence in the custody of
  381  a local detention facility and for whom the state attorney has
  382  provided the agency with written notification that, in the
  383  opinion of the state attorney, the offense for which the person
  384  is in custody was a sexually motivated offense.
  385         (11) “Total confinement” means that the person is currently
  386  being held in any physically secure facility being operated or
  387  contractually operated for the Department of Corrections, the
  388  Department of Juvenile Justice, or the Department of Children
  389  and Families or in a local detention facility Family Services. A
  390  person is shall also be deemed to be in total confinement and
  391  subject to for applicability of provisions under this part if:
  392         (a) The person is serving an incarcerative sentence under
  393  the custody of the Department of Corrections or the Department
  394  of Juvenile Justice and is being held in any other secure
  395  facility for any reason; or
  396         (b) A court or the agency with jurisdiction determines that
  397  the person who is being held should have been lawfully released
  398  at an earlier date and that the provisions of this part would
  399  have been applicable to the person on the date that he or she
  400  should have been lawfully released.
  401         Section 6. If any provision of this act or its application
  402  to any person or circumstance is held invalid, the invalidity
  403  does not affect other provisions or applications of this act
  404  which can be given effect without the invalid provision or
  405  application, and to this end the provisions of this act are
  406  severable.
  407         Section 7. This act shall take effect July 1, 2014.