Fla. Stat. § 916.10
Short title
This chapter may be cited as the “Forensic Client Services Act.”
Florida Statutes Chapter 916 — MENTALLY ILL AND INTELLECTUALLY DISABLED DEFENDANTS
Florida · statute · Fla. Stat. ch. 916 · 28 active provisions
Provisions
Fla. Stat. § 916.105
Legislative intent
(1) It is the intent of the Legislature that the Department of Children and Families and the Agency for Persons with Disabilities, as appropriate, establish, locate, and maintain separate and secure forensic facilities and programs for the treatment or training of defendants who have been charged with a felony and who…
Fla. Stat. § 916.106
Definitions
For the purposes of this chapter, the term:(1) “Agency” means the Agency for Persons with Disabilities. The agency is responsible for training forensic clients who are developmentally disabled due to intellectual disability or autism and have been determined incompetent to proceed.(2) “Autism” has the same meaning as i…
Fla. Stat. § 916.1065
Confidentiality of forensic behavioral health evaluations
(1) A forensic behavioral health evaluation filed with the court under this chapter is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution.(2) As used in this section, the term “forensic behavioral health evaluation” means any record, including supporting documentation, derived from…
Fla. Stat. § 916.107
Rights of forensic clients
(1) RIGHT TO INDIVIDUAL DIGNITY.—(a) The policy of the state is that the individual dignity of the client shall be respected at all times and upon all occasions, including any occasion when the forensic client is detained, transported, or treated. Clients with mental illness, intellectual disability, or autism and who…
Fla. Stat. § 916.1075
Sexual misconduct prohibited; reporting required; penalties
(1) As used in this section, the term:(a) “Covered person” means an employee, volunteer, or intern of the department or agency; any person under contract with the department or agency; and any person providing care or support to a forensic client on behalf of the department, the agency, or their providers.(b) “Sexual a…
Fla. Stat. § 916.1081
Escape from program; penalty
(1) A forensic client who is involuntarily committed to the department or agency, who is in the custody of the department or agency, and who escapes or attempts to escape from a civil or forensic facility commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.(2) A person…
Fla. Stat. § 916.1085
Introduction or removal of certain articles unlawful; penalty
(1)(a) Except as authorized by law or as specifically authorized by the person in charge of a facility, it is unlawful to introduce into or upon the grounds of any facility under the supervision or control of the department or agency, or to take or attempt to take or send therefrom, any of the following articles, which…
Fla. Stat. § 916.1091
Duties, functions, and powers of institutional security personnel
(1) In case of emergency, and when necessary to provide protection and security to any client, to the personnel, equipment, buildings, or grounds of a department or agency facility, or to citizens in the surrounding community, institutional security personnel may, when authorized by the administrator of the facility or…
Fla. Stat. § 916.1093
Operation and administration; rules
(1) The department or agency may enter into contracts and do such things as may be necessary and incidental to assure compliance with and to carry out the provisions of this chapter in accordance with the stated legislative intent.(2) The department and agency are authorized to adopt rules pursuant to ss. 120.536(1) an…
Fla. Stat. § 916.111
Training of mental health experts
The evaluation of defendants for competency to proceed or for sanity at the time of the commission of the offense shall be conducted in such a way as to ensure uniform application of the criteria enumerated in Rules 3.210 and 3.216, Florida Rules of Criminal Procedure. The department shall develop, and may contract wit…
Fla. Stat. § 916.115
Appointment of experts
(1) The court shall appoint no more than three experts to determine the mental condition of a defendant in a criminal case, including competency to proceed, insanity, involuntary placement, and treatment. The experts may evaluate the defendant in jail or in another appropriate local facility or in a facility of the Dep…
Fla. Stat. § 916.12
Mental competence to proceed
(1) A defendant is incompetent to proceed within the meaning of this chapter if the defendant does not have sufficient present ability to consult with her or his lawyer with a reasonable degree of rational understanding or if the defendant has no rational, as well as factual, understanding of the proceedings against he…
Fla. Stat. § 916.13
Involuntary commitment of defendant adjudicated incompetent
(1) Every defendant who is charged with a felony and who is adjudicated incompetent to proceed may be involuntarily committed for treatment upon a finding by the court of clear and convincing evidence that:(a) The defendant has a mental illness and because of the mental illness:1. The defendant is manifestly incapable…
Fla. Stat. § 916.135
Misdemeanor or ordinance violation mental health diversion program
(1) As used in this section, the term:(a) “Court” means a circuit court, a county court, or any court presiding over felony, misdemeanor, or ordinance violations under the laws of this state or any of its political subdivisions.(b) “Defendant” means a person who has been charged as an adult by a law enforcement agency…
Fla. Stat. § 916.136
Pretrial felony mental health diversion program
(1) As used in this section, the term:(a) “Conviction” means a determination of guilt that is the result of a plea agreement, including a plea of nolo contendere, or trial. For purposes of this section, a conviction does not include an offense for which an adjudication of guilt was withheld.(b) “Court” means a circuit…
Fla. Stat. § 916.14
Statute of limitations; former jeopardy
The statute of limitations shall not be applicable to criminal charges dismissed because of the incompetency of the defendant to proceed. If a defendant is declared incompetent to proceed during trial and afterwards is declared competent to proceed, the defendant’s other, uncompleted trial shall not constitute former j…
Fla. Stat. § 916.145
Dismissal of charges
(1) The charges against a defendant adjudicated incompetent to proceed due to mental illness shall be dismissed without prejudice to the state if the defendant remains incompetent to proceed for 5 continuous, uninterrupted years after such determination, unless the court in its order specifies its reasons for believing…
Fla. Stat. § 916.15
Involuntary commitment of defendant adjudicated not guilty by reason of insanity
(1) The determination of whether a defendant is not guilty by reason of insanity shall be determined in accordance with Rule 3.217, Florida Rules of Criminal Procedure.(2) A defendant who is acquitted of criminal charges because of a finding of not guilty by reason of insanity may be involuntarily committed pursuant to…
Fla. Stat. § 916.16
Jurisdiction of committing court
(1) The committing court shall retain jurisdiction over any defendant involuntarily committed due to a determination of incompetency to proceed due to mental illness or a finding of not guilty by reason of insanity pursuant to this chapter. The defendant may not be released except by order of the committing court. An a…
Fla. Stat. § 916.17
Conditional release
(1) Except for an inmate currently serving a prison sentence, the committing court may order a conditional release of any defendant in lieu of an involuntary commitment to a facility pursuant to s. 916.13 or s. 916.15 based upon an approved plan for providing appropriate outpatient care and treatment. Upon a recommenda…
Fla. Stat. § 916.185
Forensic Hospital Diversion Pilot Program
(1) LEGISLATIVE FINDINGS AND INTENT.—The Legislature finds that many jail inmates who have serious mental illnesses and who are committed to state forensic mental health treatment facilities for restoration of competency to proceed could be served more effectively and at less cost in community-based alternative program…
Fla. Stat. § 916.301
Appointment of experts
(1) All evaluations ordered by the court under this part must be conducted by qualified experts who have expertise in evaluating persons who have an intellectual disability or autism. The agency shall maintain and provide the courts annually with a list of available professionals who are appropriately licensed and qual…
Fla. Stat. § 916.3012
Mental competence to proceed
(1) A defendant whose suspected mental condition is intellectual disability or autism is incompetent to proceed within the meaning of this chapter if the defendant does not have sufficient present ability to consult with the defendant’s lawyer with a reasonable degree of rational understanding or if the defendant has n…
Fla. Stat. § 916.302
Involuntary commitment of defendant determined to be incompetent to proceed
(1) CRITERIA.—Every defendant who is charged with a felony and who is adjudicated incompetent to proceed due to intellectual disability or autism may be involuntarily committed for training upon a finding by the court of clear and convincing evidence that:(a) The defendant has an intellectual disability or autism;(b) T…
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