Bill Text: FL S1640 | 2022 | Regular Session | Introduced

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Bill Title: Involuntary Civil Commitment of Sexually Violent Predators

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2022-03-14 - Died in Children, Families, and Elder Affairs [S1640 Detail]

Download: Florida-2022-S1640-Introduced.html

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       Florida Senate - 2022                                    SB 1640
       
       
        
       By Senator Book
       
       
       
       
       
       32-01573-22                                           20221640__
    1                        A bill to be entitled                      
    2         An act relating to involuntary civil commitment of
    3         sexually violent predators; creating s. 394.9131,
    4         F.S.; requiring the Department of Children and
    5         Families to enroll certain persons for a specified
    6         time in a prerelease treatment program developed by
    7         the department under certain circumstances; providing
    8         requirements for such program; requiring the
    9         department to coordinate with the Department of
   10         Corrections to ensure access to such program;
   11         requiring that the program be delivered remotely by
   12         video conference; amending s. 394.918, F.S.; creating
   13         a rebuttable presumption that it is not safe for a
   14         person to be at large if the person has not completed
   15         a hierarchal advancing treatment plan; creating s.
   16         394.9181, F.S.; requiring certain persons to complete
   17         a hierarchal advancing treatment plan before being
   18         released; providing requirements for such plan;
   19         requiring primary treating clinicians and clinical
   20         directors or their specified designees to review a
   21         person’s treatment plan and progress and prepare a
   22         status report for the person’s clinical file; amending
   23         s. 394.930, F.S.; requiring the Department of Children
   24         and Families to adopt rules; providing an effective
   25         date.
   26          
   27  Be It Enacted by the Legislature of the State of Florida:
   28  
   29         Section 1. Section 394.9131, Florida Statutes, is created
   30  to read:
   31         394.9131 Mandatory prerelease treatment program for persons
   32  in custody of the Department of Corrections.—
   33         (1) Upon written notice of the anticipated release of a
   34  person from the Department of Corrections being provided to a
   35  state attorney and a multidisciplinary team pursuant to s.
   36  394.913(1), the department must enroll such person for a minimum
   37  of 12 weeks in a prerelease treatment program developed by the
   38  department if a multidisciplinary team has determined that such
   39  person meets the definition of a sexually violent predator
   40  pursuant to s. 394.913.
   41         (2) The prerelease treatment program must include evidence
   42  based psychological therapies developed by clinical staff at the
   43  Florida Civil Commitment Center and include, at a minimum,
   44  counseling directed towards sex offender specific issues and
   45  general psychological issues.
   46         (3) The department shall coordinate with the Department of
   47  Corrections to ensure access to the prerelease treatment program
   48  for such persons. The prerelease treatment program must be
   49  delivered remotely by video conference.
   50         Section 2. Subsection (5) is added to section 394.918,
   51  Florida Statutes, to read:
   52         394.918 Examinations; notice; court hearings for release of
   53  committed persons; burden of proof.—
   54         (5) At the probable cause hearing under subsection (3) and
   55  the trial under subsection (4), there is a rebuttable
   56  presumption that the person’s mental condition remains such that
   57  it is not safe for the person to be at large if the person has
   58  not completed all series in the hierarchal advancing treatment
   59  plan pursuant to s. 394.9181.
   60         Section 3. Section 394.9181, Florida Statutes, is created
   61  to read:
   62         394.9181 Hierarchal advancing treatment plan for committed
   63  persons; requirements; components.—
   64         (1) If a multidisciplinary team determines that a person
   65  meets the definition of a sexually violent predator pursuant to
   66  s. 394.913 and the person is committed under this part
   67  subsequent to a trial, the person may not be released before
   68  completing the entire series of a hierarchal advancing treatment
   69  plan developed by the department.
   70         (2) The hierarchal advancing treatment plan must:
   71         (a) Consist of a series of hierarchically advancing stages
   72  of treatment and rehabilitation;
   73         (b) Include cognitive-behavioral therapy and relapse
   74  prevention therapy tailored to meet the needs of each committed
   75  person. Each committed person must receive a comprehensive
   76  assessment that allows the department to develop an
   77  individualized treatment plan for the person;
   78         (c) Afford group and, where indicated, individual
   79  counseling directed toward sex offender specific issues, as well
   80  as substance use disorder and general psychological issues; and
   81         (d) In addition to structured counseling activities, offer
   82  vocational therapy and therapeutic recreational activities.
   83         (3) At least annually, the primary treating clinician of
   84  each committed person and the clinical director or his or her
   85  licensed psychologist or psychiatrist designee must review the
   86  person’s treatment plan and progress and prepare a status report
   87  to be included in the person’s clinical file, with notation of
   88  any adjustments made in the person’s treatment plan as a result
   89  of the review.
   90         Section 4. Section 394.930, Florida Statutes, is amended to
   91  read:
   92         394.930 Authority to adopt rules.—The Department of
   93  Children and Families shall adopt rules for all of the
   94  following:
   95         (1) Procedures that must be followed by members of the
   96  multidisciplinary teams when assessing and evaluating persons
   97  subject to this part.;
   98         (2) Education and training requirements for members of the
   99  multidisciplinary teams and professionals who assess and
  100  evaluate persons under this part.;
  101         (3) The criteria that must exist in order for a
  102  multidisciplinary team to recommend to a state attorney that a
  103  petition should be filed to involuntarily commit a person under
  104  this part. The criteria shall include, but are not limited to,
  105  whether:
  106         (a) The person has a propensity to engage in future acts of
  107  sexual violence;
  108         (b) The person should be placed in a secure, residential
  109  facility; and
  110         (c) The person needs long-term treatment and care.
  111         (4) The designation of secure facilities for sexually
  112  violent predators who are subject to involuntary commitment
  113  under this part.;
  114         (5) The components of the basic treatment plan, in addition
  115  to the components required in the hierarchal advancing treatment
  116  plan under s. 394.9181, for all committed persons under this
  117  part.;
  118         (6) The components of the prerelease treatment program
  119  required under s. 394.9131, including the components specified
  120  in s. 394.9131(2), and the provision of such treatment program
  121  in coordination with the Department of Corrections.
  122         (7) The protocol to inform a person that he or she is being
  123  examined to determine whether he or she is a sexually violent
  124  predator under this part.
  125         Section 5. This act shall take effect July 1, 2022.