| 17 | | - | requiring the Department of Children and Families to 4 |
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| 18 | | - | complete and submit a competency evaluation report to 5 |
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| 19 | | - | the circuit court to determine if a defendant 6 |
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| 20 | | - | adjudicated incompetent to proceed meets the criteria 7 |
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| 21 | | - | for involuntary civil commitment if it is determined 8 |
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| 22 | | - | that the defendant will not or is unlikely to reg ain 9 |
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| 23 | | - | competency; requiring a qualified professional to sign 10 |
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| 24 | | - | such report under penalty of perjury; providing 11 |
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| 25 | | - | requirements for such report; providing an effective 12 |
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| 26 | | - | date. 13 |
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| 27 | | - | 14 |
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| 28 | | - | Be It Enacted by the Legislature of the State of Florida: 15 |
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| 29 | | - | 16 |
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| 30 | | - | Section 1. Paragraph ( c) of subsection (2) of section 17 |
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| 31 | | - | 916.13, Florida Statutes, is redesignated as paragraph (d), and 18 |
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| 32 | | - | a new paragraph (c) is added to that subsection to read: 19 |
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| 33 | | - | 916.13 Involuntary commitment of defendant adjudicated 20 |
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| 34 | | - | incompetent.— 21 |
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| 35 | | - | (2) A defendant who has been c harged with a felony and who 22 |
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| 36 | | - | has been adjudicated incompetent to proceed due to mental 23 |
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| 37 | | - | illness, and who meets the criteria for involuntary commitment 24 |
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| 38 | | - | under this chapter, may be committed to the department, and the 25 |
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| 17 | + | requiring that the Department of Children and Families 4 |
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| 18 | + | initiate a transfer evaluation to determine if a 5 |
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| 19 | + | defendant adjudicated incompetent to proceed meets the 6 |
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| 20 | + | criteria for involuntary civil commitment if it 7 |
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| 21 | + | determines that the defendant will not or is unlikely 8 |
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| 22 | + | to gain competence; providing an effective date. 9 |
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| 23 | + | 10 |
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| 24 | + | Be It Enacted by the Legislature of the State of Florida: 11 |
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| 25 | + | 12 |
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| 26 | + | Section 1. Paragraph (d) is added to subsection (2) of 13 |
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| 27 | + | section 916.13, Florida Statutes, to read: 14 |
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| 28 | + | 916.13 Involuntary commitment of defendant adjudicated 15 |
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| 29 | + | incompetent.— 16 |
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| 30 | + | (2) A defendant who has been charged with a felony and who 17 |
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| 31 | + | has been adjudicated incompetent to proceed due to mental 18 |
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| 32 | + | illness, and who meets the criteria for involuntary commitment 19 |
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| 33 | + | under this chapter, may be committed to the department, and the 20 |
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| 34 | + | department shall retain and tr eat the defendant. 21 |
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| 35 | + | (d) If the department determines at any time that a 22 |
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| 36 | + | defendant will not or is unlikely to gain competence to proceed, 23 |
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| 37 | + | the department shall initiate a transfer evaluation to determine 24 |
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| 38 | + | if the defendant meets the criteria for involuntary c ivil 25 |
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| 51 | | - | department shall retain and treat the defe ndant. 26 |
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| 52 | | - | (c)1. If the department determines at any time that a 27 |
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| 53 | | - | defendant will not or is unlikely to regain competency to 28 |
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| 54 | | - | proceed, the department shall, within 30 days after the 29 |
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| 55 | | - | determination, complete and submit a competency evaluation 30 |
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| 56 | | - | report to the circui t court to determine if the defendant meets 31 |
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| 57 | | - | the criteria for involuntary civil commitment under the Baker 32 |
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| 58 | | - | Act. A qualified professional, as defined in s. 394.455, must 33 |
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| 59 | | - | sign the competency evaluation report for the circuit court 34 |
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| 60 | | - | under penalty of perjury. A copy of the report shall be 35 |
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| 61 | | - | provided, at a minimum, to the court, state attorney, and 36 |
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| 62 | | - | counsel for the defendant before initiating any transfer of the 37 |
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| 63 | | - | defendant back to the committing jurisdiction. 38 |
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| 64 | | - | 2. For purposes of this paragraph, the term "competency 39 |
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| 65 | | - | evaluation report to the circuit court" means a report by the 40 |
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| 66 | | - | department regarding a defendant's incompetence to proceed in a 41 |
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| 67 | | - | criminal proceeding due to mental illness as set forth in this 42 |
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| 68 | | - | section. The report shall include, at a minimum, the following 43 |
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| 69 | | - | regarding the defendant: 44 |
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| 70 | | - | a. A description of mental, emotional, and behavioral 45 |
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| 71 | | - | disturbances. 46 |
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| 72 | | - | b. An explanation to support the opinion of incompetence 47 |
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| 73 | | - | to proceed. 48 |
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| 74 | | - | c. The rationale to support why the defendant is unlikely 49 |
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| 75 | | - | to gain competence to proceed in th e foreseeable future. 50 |
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| 76 | | - | |
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| 77 | | - | CS/HB 201 2023 |
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| 78 | | - | |
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| 79 | | - | |
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| 80 | | - | |
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| 81 | | - | CODING: Words stricken are deletions; words underlined are additions. |
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| 82 | | - | hb0201-01-c1 |
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| 83 | | - | Page 3 of 3 |
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| 84 | | - | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
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| 85 | | - | |
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| 86 | | - | |
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| 87 | | - | |
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| 88 | | - | d. A clinical opinion regarding whether the defendant no 51 |
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| 89 | | - | longer meets the criteria for involuntary forensic commitment 52 |
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| 90 | | - | pursuant to this section. 53 |
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| 91 | | - | e. A recommendation on whether the defendant meets the 54 |
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| 92 | | - | criteria for involuntary exami nation pursuant to s. 394.463. 55 |
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| 93 | | - | Section 2. This act shall take effect July 1, 2023. 56 |
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| 51 | + | commitment and a copy of that evaluation shall be provided to 26 |
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| 52 | + | the court and counsel before initiating any transfer of the 27 |
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| 53 | + | defendant back to the committing jurisdiction. 28 |
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| 54 | + | Section 2. This act shall take effect July 1, 2023. 29 |
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