HB 985 — Involuntary Commitment

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words underlined are additions.

hb0985-00 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 HB 985 2018 intellectual disability or autism, the person:

The appropriate care, habilitation, and treatment for thePage person8 withof the27 intellectualCODING: disability or autism which is within the agency's responsibilities under this chapter.

(f) Each The committee member shall file the report with the court at least 10 working days before the date of the hearing.

The report must be served on the petitioner, the person who has the intellectual disability or autism and his or her Page 8 of 26 CODING:

hb0985-00hb0985-01-c1 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 HBCS/HB 985 2018 guardianthe orperson guardianwith advocate if one has been appointed, the person'sintellectual attorneydisability ator theautism timewhich the report is filedwithin with the court,agency's andresponsibilities theunder agency.this chapter.

(g)(f) MembersEach ofThe committee member shall file the examiningreport committeewith shallthe receivecourt aat reasonableleast fee10 toworking bedays determinedbefore bythe date of the court.hearing.

The report must be served on the petitioner, the person who has the intellectual disability or autism and his or her guardian or guardian advocate if one has been appointed, the person's attorney at the time the report is filed with the court, and the agency.

(g) The court shall pay what it determines to be a reasonable fee for the evaluation and testimony given by members of the examining committee shall receive a reasonable fee to be determined by the court.

The person'sPage counsel9 shall have full access to the records of the27 serviceCODING: provider and the agency.

In all cases, the attorney shall represent the rights and legal interests of the person, regardless of who initiates the proceedings or pays the attorney fee.

(b) If the attorney, during the course of his or her representation, reasonably believes that the person who has the intellectual disability or autism cannot adequately act in his Page 9 of 26 CODING:

hb0985-00hb0985-01-c1 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 HBCS/HB 985 2018 orperson's hercounsel ownshall interest,have thefull attorneyaccess mayto seek the appointmentrecords of athe guardianservice adprovider litem.and the agency.

In all cases, the attorney shall represent the rights and legal interests of the person, regardless of who initiates the proceedings or pays the attorney fee.

(b) If the attorney, during the course of his or her representation, reasonably believes that the person who has the intellectual disability or autism cannot adequately act in his or her own interest, the attorney may seek the appointment of a guardian ad litem.

The court shall determine if the person has a guardian orPage guardian10 advocate and the scope of the27 authorizedCODING: powers of the guardian or guardian advocate to make decisions regarding the residence, medical treatment, or other services necessary to sufficiently address the needs of the person.

(b) A hearing on the petition must be held as soon as practicable after the petition is filed, but reasonable delay for the purpose of investigation, discovery, or procuring counsel or witnesses shall be granted.

Page 10 of 26 CODING:

hb0985-00hb0985-01-c1 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 HBCS/HB 985 2018 (c)or Theguardian courtadvocate mayand appointthe ascope generalof the authorized powers of the guardian or specialguardian magistrateadvocate to preside.make decisions regarding the residence, medical treatment, or other services necessary to sufficiently address the needs of the person.

(b) A hearing on the petition must be held as soon as practicable after the petition is filed, but reasonable delay for the purpose of investigation, discovery, or procuring counsel or witnesses shall be granted.

(c) The court may appoint a general or special magistrate to preside.

(e)Page The11 person has the right to present evidence and to cross-examine all witnesses and other evidence alleging the appropriateness of the27 person'sCODING: admission to residential services care.

Other relevant and material evidence regarding the appropriateness of the person's admission to residential services;

the most appropriate, least restrictive residential placement;

and the appropriate care, treatment, and habilitation of the person, including written or oral reports, may be Page 11 of 26 CODING:

hb0985-00hb0985-01-c1 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 HBCS/HB 985 2018 introduced(e) atThe person has the hearingright byto anypresent interestedevidence person.and to cross-examine all witnesses and other evidence alleging the appropriateness of the person's admission to residential services care.

Other relevant and material evidence regarding the appropriateness of the person's admission to residential services;

the most appropriate, least restrictive residential placement;

and the appropriate care, treatment, and habilitation of the person, including written or oral reports, may be introduced at the hearing by any interested person.

(b)Page An12 order of involuntary27 admissionCODING: to residential services may not be entered unless the court finds that:

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hb0985-01-c1 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 CS/HB 985 2018 (b) An order of involuntary admission to residential services may not be entered unless the court finds that:

Because of the person's degree of intellectual Pagedisability 12or ofautism, 26the CODING:person:

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words underlined are additions.

hb0985-00 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 HB 985 2018 disability or autism, the person:

(d)Page If13 an order of involuntary27 admissionCODING: to residential services provided by the agency is entered by the court, a copy of the written order shall be served upon the person and his or her guardian or guardian advocate if one has been appointed, the person's counsel, the agency, and the state attorney and the person's defense counsel, if applicable.

The order of involuntary admission sent to the agency shall also be accompanied by a copy of the examining committee's report and Page 13 of 26 CODING:

hb0985-00hb0985-01-c1 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 HBCS/HB 985 2018 other(d) reportsIf containedan inorder of involuntary admission to residential services provided by the courtagency file.is entered by the court, a copy of the written order shall be served upon the person and his or her guardian or guardian advocate if one has been appointed, the person's counsel, the agency, and the state attorney and the person's defense counsel, if applicable.

The order of involuntary admission sent to the agency shall also be accompanied by a copy of the examining committee's report and other reports contained in the court file.

A copy of the family or individual support plan and other examinations and evaluations shall be served upon the person and the person's counsel at the same time the documents arePage filed14 withof the27 court.CODING:

(9) EFFECT OF THE ORDER OF INVOLUNTARY ADMISSION TO RESIDENTIAL SERVICES.— (a) An order authorizing an admission to residential services care may not be considered an adjudication of mental incapacity incompetency.

A person is not presumed incapacitated incompetent solely by reason of the person's involuntary admission to residential services.

A person may not be denied Page 14 of 26 CODING:

hb0985-00hb0985-01-c1 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 HBCS/HB 985 2018 theare fullfiled exercisewith of all legal rights guaranteed to citizens of this state and of the Unitedcourt. States.

(9) EFFECT OF THE ORDER OF INVOLUNTARY ADMISSION TO RESIDENTIAL SERVICES.— (a) An order authorizing an admission to residential services care may not be considered an adjudication of mental incapacity incompetency.

A person is not presumed incapacitated incompetent solely by reason of the person's involuntary admission to residential services.

A person may not be denied the full exercise of all legal rights guaranteed to citizens of this state and of the United States.

(11)Page COMPETENCY.—The15 issue of the27 competencyCODING: of a person who has an intellectual disability or autism for purposes of determining whether the person is competent to proceed in a criminal trial shall be determined in accordance with chapter 916.

(12)(11) CONTINUING JURISDICTION.—The court that which issues the initial order for involuntary admission to residential services under this section has continuing Page 15 of 26 CODING:

hb0985-00hb0985-01-c1 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 HBCS/HB 985 2018 jurisdiction(11) toCOMPETENCY.—The enterissue furtherof ordersthe tocompetency ensureof thata the person iswho receivinghas adequatean care,intellectual treatment,disability habilitation,or andautism rehabilitation,for aspurposes recommendedof indetermining whether the person'sperson individualizedis supportcompetent planto includingproceed psychotropicin medicationa andcriminal behavioraltrial programming.shall be determined in accordance with chapter 916.

(12)(11) CONTINUING JURISDICTION.—The court that which issues the initial order for involuntary admission to residential services under this section has continuing jurisdiction to enter further orders to ensure that the person is receiving adequate care, treatment, habilitation, and rehabilitation, as recommended in the person's individualized support plan, which the agency shall provide to the court including psychotropic medication and behavioral programming.

(b) The filing of an appeal by the person who has an intellectualPage disability16 or autism stays admission of the27 personCODING: into residential services care.

The stay remains in effect during the pendency of all review proceedings in Florida courts until a mandate issues.

(14)(13) HABEAS CORPUS.—At any time and without notice, any person involuntarily admitted into residential services care, or the person's parent or legal guardian in his or her behalf, is entitled to file a petition for a writ of habeas corpus to question the cause, legality, and appropriateness of Page 16 of 26 CODING:

hb0985-00hb0985-01-c1 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 HBCS/HB 985 2018 intellectual disability or autism stays admission of the person'sperson involuntaryinto admission.residential services care.

The stay remains in effect during the pendency of all review proceedings in Florida courts until a mandate issues.

(14)(13) HABEAS CORPUS.—At any time and without notice, any person involuntarily admitted into residential services care, or the person's parent or legal guardian in his or her behalf, is entitled to file a petition for a writ of habeas corpus to question the cause, legality, and appropriateness of the person's involuntary admission.

If the person was committed under the criteria in sub- subparagraph (8)(b)3.a., the review must also address whether thePage person17 hasof had27 aCODING: guardian or guardian advocate appointed since the commitment.

(b) A placement resulting from an involuntary admission to residential services must be reviewed by the court at a hearing annually, unless a shorter review period is ordered at a previous hearing.

The agency shall provide to the court the completed review reviews by the qualified evaluator.

The review and hearing must occur within 30 days after the court receives the review and determines determine whether the person continues Page 17 of 26 CODING:

hb0985-00hb0985-01-c1 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 HBCS/HB 985 2018 to be eligible for agency services and meets meet the criteria in paragraph (8)(b) and, if so, whether the person stillhas requireshad involuntary placement in a residentialguardian settingor andguardian whetheradvocate theappointed personsince is receiving adequate care, treatment, habilitation, and rehabilitation in the residentialcommitment. setting.

(b) A placement resulting from an involuntary admission to residential services must be reviewed by the court at a hearing annually, unless a shorter review period is ordered at a previous hearing.

The agency shall provide to the court the completed review reviews by the qualified evaluator.

The review and hearing must occur within 30 days after the court receives the review and determines determine whether the person continues to be eligible for agency services and meets meet the criteria in paragraph (8)(b) and, if so, whether the person still requires involuntary placement in a residential setting and whether the person is receiving adequate care, treatment, habilitation, and rehabilitation in the residential setting.

Section 916.301, Florida Statutes, is amended toPage read:18 of 27 CODING:

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words underlined are additions.

hb0985-01-c1 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 CS/HB 985 2018 to read:

The agency shall maintain and provide the courts annually with a list of available professionals who are appropriately licensed and qualified to perform evaluations of Pagedefendants 18alleged ofto 26be CODING:incompetent to proceed due to intellectual disability or autism.

The courts may use professionals from this list when appointing experts and ordering evaluations under this part.

(2) For a competency evaluation when if a defendant's suspected mental condition is intellectual disability or autism, the court shall order the agency to select an expert to evaluate whether the defendant meets the definition of intellectual disability or autism and, if so, whether the defendant is competent to proceed due to intellectual disability or autism.

appoint the following:

(a) At least one, or At the request of any party, the court may appoint an additional expert or direct the agency to select an additional expert two experts to evaluate whether the defendant meets the definition of intellectual disability or autism and, if so, whether the defendant is competent to Page 19 of 27 CODING:

hb0985-00hb0985-01-c1 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 HBCS/HB 985 2018 defendantsproceed; alleged to be incompetent to proceed due to intellectual disability or autism.

The courts may use professionals from this list when appointing experts and ordering evaluations under this part.

(2) If a defendant's suspected mental condition is intellectual disability or autism, the court shall appoint the agency to select an expert to evaluate whether the defendant meets the definition of intellectual disability or autism and, if so, whether the defendant is competent to proceed due to intellectual disability or autism.

following:

(a) At least one, or At the request of any party, the court may appoint an additional expert or direct the agency to select an additional expert two experts to evaluate whether the defendant meets the definition of intellectual disability or autism and, if so, whether the defendant is competent to proceed;

The psychologist shall evaluate whether the defendant meets the definition of intellectual disability or autism and, if so, whether the defendant is incompetent to proceed due to Pageintellectual 19disability ofor 26autism. CODING:

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words underlined are additions.

hb0985-00 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 HB 985 2018 intellectual disability or autism.

(4) Experts appointed by the court, including experts selected by the agency, to evaluate the mental condition of a defendant in a criminal case shall be allowed reasonable feesfees, as determined and paid by the court, for services rendered as evaluators and as witnesses, which shall be paid by the court.

In order for the experts to be paid for the services rendered, the reports and testimony must explicitly address each of the factors and follow thePage procedures20 set out in this chapter and in the Florida Rules of Criminal27 Procedure.CODING:

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words underlined are additions.

hb0985-01-c1 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 CS/HB 985 2018 the procedures set out in this chapter and in the Florida Rules of Criminal Procedure.

(a) The intellectual disability or autism causing the Pageincompetence.; 20 of 26 CODING:

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hb0985-00 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 HB 985 2018 incompetence.;

SectionPage 4.21 of 27 CODING:

Subsection (3) of section 916.302, Florida Statutes, is amended, and paragraphs (e) and (f) are added to subsection (2) of that section, to read:

916.302 Involuntary commitment of defendant determined to be incompetent to proceed.— (2) ADMISSION TO A FACILITY.— (e) A competency hearing shall be held within 30 days after the court receives notification that the defendant is competent to proceed or no longer meets the criteria for continued commitment.

The defendant must be discharged from the forensic facility and transported to the committing court's Page 21 of 26 CODING:

hb0985-00hb0985-01-c1 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 HBCS/HB 985 2018 jurisdictionSection for4. the hearing.

Subsection (3) of section 916.302, Florida Statutes, is amended, and paragraphs (e) and (f) are added to subsection (2) of that section, to read:

916.302 Involuntary commitment of defendant determined to be incompetent to proceed.— (2) ADMISSION TO A FACILITY.— (e) A competency hearing shall be held within 30 days after the court receives notification that the defendant is competent to proceed or no longer meets the criteria for continued commitment.

The defendant must be discharged from the forensic facility and transported to the committing court's jurisdiction for the hearing.

(b) Transfer between the department and the agency from onePage civil22 orof forensic27 facilityCODING: to another civil or forensic facility may occur when, in the department's and agency's judgment, it is in the defendant's best treatment or training interests.

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words underlined are additions.

hb0985-01-c1 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 CS/HB 985 2018 one civil or forensic facility to another civil or forensic facility may occur when, in the department's and agency's judgment, it is in the defendant's best treatment or training interests.

916.3025 Jurisdiction of committing court.— (3) The committing court shall consider a petition to Pageinvoluntarily 22admit a defendant who has been deemed nonrestorable to competency by the court whose charges have been dismissed to residential services provided by the agency and, when applicable, to continue secure placement of 26such CODING:person as provided in s.

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words underlined are additions.

hb0985-00 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 HB 985 2018 involuntarily admit a defendant who has been deemed nonrestorable to competency by the court whose charges have been dismissed to residential services provided by the agency and, when applicable, to continue secure placement of such person as provided in s.

dismissal of charges.— (2) If the charges are dismissed and if the defendant is considered to lack sufficient capacity to give express and informed consent to a voluntary application for services, does not have a guardian or guardian advocate to consent to services on his or her behalf, and lacks the basic survival and self-care skills to provide for his or her well-being, or the defendant is likely to physically injure himself or herself or others if allowed to remain at liberty, the agency, the state attorney, or the defendant's attorney may file a petition in shall apply to the committing court to involuntarily admit the defendant to Page 23 of 2627 CODING:

hb0985-00hb0985-01-c1 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 HBCS/HB 985 2018 charges.— (2) If the charges are dismissed and if the defendant is considered to lack sufficient capacity to give express and informed consent to a voluntary application for services, does not have a guardian or guardian advocate to consent to services on his or her behalf, and lacks the basic survival and self-care skills to provide for his or her well-being, or the defendant is likely to physically injure himself or herself or others if allowed to remain at liberty, the agency, the state attorney, or the defendant's attorney may file a petition in shall apply to the committing court to involuntarily admit the defendant to residential services pursuant to s.

(3) If the defendant is considered to need involuntary residential services for reasons described in subsection (2) and, further, there is a substantial likelihood that the defendant will injure another person or continues to present a danger of escape, and all available less restrictive alternatives, including services in community residential facilities or other community settings, which would offer an opportunity for improvement of the condition have been judged to be inappropriate, the agency, the state attorney, or the defendant's counsel may request the committing court to continue the defendant's placement in a secure facility pursuant to this part.Page 24 of 27 CODING:

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hb0985-01-c1 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 CS/HB 985 2018 part.

A defendant's placement in a secure facility may not exceed the maximum sentence for the Pagecrime 24for ofwhich 26the CODING:defendant was charged.

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hb0985-00 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 HB 985 2018 crime for which the defendant was charged.

916.303 apply The committing criminal court may order a conditional release of any defendant to a civil facility in lieu ofPage an25 involuntaryof commitment27 toCODING: a forensic facility pursuant to s.

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hb0985-01-c1 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 CS/HB 985 2018 of an involuntary commitment to a forensic facility pursuant to s.

(a) special provisions for the defendant to receive Pageresidential 25services care and adequate supervision of 26the CODING:defendant, including recommended location of placement.

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hb0985-00 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 HB 985 2018 residential services care and adequate supervision of the defendant, including recommended location of placement.

A defendant who the agency has determined is ineligible for agency services may be ordered to receive community-based competency training by the agency, but may not be ordered to receive any residential services and supervisionPage by26 theof agency.27 CODING:

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hb0985-01-c1 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 CS/HB 985 2018 supervision by the agency.

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hb0985-00hb0985-01-c1