HB 1005 full text · Session Watch

1 A bill to be entitled

2 An act relating to determination of mental conditions

3 in judicial proceedings; amending s. 393.11, F.S.;

4 providing for petitions for involuntary admission to

5 residential services of persons with neurocognitive

6 disorders; amending s. 916.105, F.S.; revising

7 legislative intent; amending s. 916.106, F.S.;

8 defining the term "neurocognitive disorder"; amending

9 s. 916.107, F.S.; providing that forensic clients with

10 neurocognitive disorder have certain rights; amending

11 s. 916.115, F.S.; authorizing the appointment of

12 certain clinical social workers or mental health

13 counselors as experts to evaluate defendants for

14 mental competence to proceed; limiting the appointment

15 of such professionals to evaluations of mental

16 competence to proceed; amending s. 916.301, F.S.;

17 providing for the appointment of experts to evaluate

18 the mental condition of defendants whose suspected

19 mental condition is neurocognitive disorder; amending

20 s. 916.3012, F.S.; providing for a determination of

21 whether a defendant whose suspected mental condition

22 is neurocognitive disorder is mentally competent to

23 proceed; providing for training of such defendant in

24 certain circumstances; amending s. 916.302, F.S.;

25 providing for involuntary commitment of certain

26 defendants determined to be incompetent to proceed due

27 to neurocognitive disorder; amending s. 916.3025,

28 F.S.; providing for retention of jurisdiction over

29 certain defendants found incompetent to proceed and

30 ordered into a forensic facility for defendants who

31 have intellectual disabilities, autism, or

32 neurocognitive disorders; amending s. 916.303, F.S.;

33 providing for dismissal of charges without prejudice

34 under specified circumstances when a defendant is

35 found incompetent to proceed due to neurocognitive

36 disorder; amending s. 916.304, F.S.; providing for

37 conditional release, in certain circumstances, of a

38 defendant who is incompetent to proceed due to

39 neurocognitive disorder; amending s. 985.19, F.S.;

40 requiring certain juvenile delinquency procedures for

41 children who are incompetent to proceed because of

42 neurocognitive disorder; providing a directive to the

43 Division of Law Revision; reenacting s. 393.115(1)(b),

44 relating to the discharge of certain persons

45 involuntarily admitted to residential services, to

46 incorporate the amendment made to s. 393.11, F.S., in

47 a reference thereto; providing an effective date.

49 Be It Enacted by the Legislature of the State of Florida:

51 Section 1. Subsection (1), paragraphs (c) and (d) of

52 subsection (2), paragraphs (b), (c), and (d) of subsection (3),

53 paragraph (b) of subsection (4), paragraphs (b), (e), (f), and

54 (g) of subsection (5), subsection (6), paragraph (d) of subsection (7), paragraph (b) of subsection (8), subsection

56 (10), and paragraph (b) of subsection (12) of section 393.11,

57 Florida Statutes, are amended to read:

58 393.11 Involuntary admission to residential services.—

59 (1) JURISDICTION.—If a person has an intellectual

60 disability, or autism, or a neurocognitive disorder and requires

61 involuntary admission to residential services provided by the

62 agency, the circuit court of the county in which the person

63 resides has jurisdiction to conduct a hearing and enter an order

64 involuntarily admitting the person in order for the person to

65 receive the care, treatment, habilitation, and rehabilitation

66 that the person needs. For the purpose of identifying

67 intellectual disability, or autism, or neurocognitive disorder,

68 diagnostic capability shall be established by the agency. Except

69 as otherwise specified, the proceedings under this section are

70 governed by the Florida Rules of Civil Procedure.

71 (2) PETITION.—

72 (c) The petition shall be verified and must:

73 1. State the name, age, and present address of the

74 commissioners and their relationship to the person who has an

75 intellectual disability, or autism, or a neurocognitive

76 disorder.;

77 2. State the name, age, county of residence, and present

78 address of the person who has an intellectual disability, or

79 autism, or a neurocognitive disorder.;

80 3. Allege that the commission believes that the person

81 needs involuntary residential services and specify the factual

82 information on which the belief is based.;

83 4. Allege that the person lacks sufficient capacity to

84 give express and informed consent to a voluntary application for

85 services and lacks the basic survival and self-care skills to

86 provide for the person's well-being or is likely to physically

87 injure others if allowed to remain at liberty.; ~~and~~

88 5. State which residential setting is the least

89 restrictive and most appropriate alternative and specify the

90 factual information on which the belief is based.

91 (d) The petition must be filed in the circuit court of the

92 county in which the person who has the intellectual disability,

93 or autism, or neurocognitive disorder resides.

94 (3) NOTICE.—

95 (b) If a motion or petition has been filed pursuant to s.

96 916.303 to dismiss criminal charges against a defendant who has

97 an intellectual disability, or autism, or a neurocognitive

98 disorder, and a petition is filed to involuntarily admit the

99 defendant to residential services under this section, the notice

100 of the filing of the petition must also be given to the

101 defendant's attorney, the state attorney of the circuit from

102 which the defendant was committed, and the agency.

103 (c) The notice must state that a hearing shall be set to

104 inquire into the need of the person who has an intellectual

105 disability, or autism, or a neurocognitive disorder for

106 involuntary residential services. The notice must also state the

107 date of the hearing on the petition.

108 (d) The notice must state that the person ~~individual~~ who

109 has an intellectual disability, or autism, or a neurocognitive

110 disorder has the right to be represented by counsel of his or

111 her own choice and that, if the person cannot afford an

112 attorney, the court shall appoint one.

113 (4) AGENCY PARTICIPATION.—

114 (b) Following examination, the agency shall file a written

115 report with the court at least 10 working days before the date

116 of the hearing. The report must be served on the petitioner, the

117 person who has the intellectual disability, or autism, or

118 neurocognitive disorder, and the person's attorney at the time

119 the report is filed with the court.

120 (5) EXAMINING COMMITTEE.—

121 (b) The court shall appoint at least three disinterested

122 experts who have demonstrated to the court an expertise in the

123 diagnosis, evaluation, and treatment of persons who have

124 intellectual disabilities, or autism, or neurocognitive

125 disorders. The committee must include at least one licensed and

126 qualified physician, one licensed and qualified psychologist,

127 and one qualified professional who, at a minimum, has a master's

128 degree in social work, special education, or vocational

129 rehabilitation counseling, to examine the person and to testify

130 at the hearing on the involuntary admission to residential

131 services.

132 (e) The committee shall prepare a written report for the

133 court. The report must explicitly document the extent that the

134 person meets the criteria for involuntary admission. The report,

135 and expert testimony, must include, but not be limited to:

136 1. The degree of the person's intellectual disability, or

137 autism, or neurocognitive disorder and whether, using diagnostic

138 capabilities established by the agency, the person is eligible

139 for agency services.;

140 2. Whether, because of the person's degree of intellectual

141 disability, or autism, or neurocognitive disorder, the person:

142 a. Lacks sufficient capacity to give express and informed

143 consent to a voluntary application for services pursuant to s.

144 393.065 and lacks basic survival and self-care skills to such a

145 degree that close supervision and habilitation in a residential

146 setting is necessary and, if not provided, would result in a

147 threat of substantial harm to the person's well-being; or

148 b. Is likely to physically injure others if allowed to

149 remain at liberty.

150 3. The purpose to be served by residential care.;

151 4. A recommendation on the type of residential placement

152 which would be the most appropriate and least restrictive for

153 the person.; ~~and~~

154 5. The appropriate care, habilitation, and treatment.

155 (f) The committee shall file the report with the court at

156 least 10 working days before the date of the hearing. The report

157 must be served on the petitioner, the person who has the

158 intellectual disability, or autism, or neurocognitive disorder,

159 the person's attorney at the time the report is filed with the

160 court, and the agency.

161 (g) Members of the examining committee shall receive a

162 reasonable fee to be determined by the court. The fees shall be

163 paid from the general revenue fund of the county in which the

164 person who has the intellectual disability, or autism, or

165 neurocognitive disorder resided when the petition was filed.

166 (6) COUNSEL; GUARDIAN AD LITEM.—

167 (a) The person who has the intellectual disability, or

168 autism, or neurocognitive disorder must be represented by

169 counsel at all stages of the judicial proceeding. If the person

170 is indigent and cannot afford counsel, the court shall appoint a

171 public defender at least 20 working days before the scheduled

172 hearing. The person's counsel shall have full access to the

173 records of the service provider and the agency. In all cases,

174 the attorney shall represent the rights and legal interests of

175 the person, regardless of who initiates the proceedings or pays

176 the attorney fee.

177 (b) If the attorney, during the course of his or her

178 representation, reasonably believes that the person who has the

179 intellectual disability, or autism, or neurocognitive disorder

180 cannot adequately act in his or her own interest, the attorney

181 may seek the appointment of a guardian ad litem. A prior finding

182 of incompetency is not required before a guardian ad litem is

183 appointed pursuant to this section.

184 (7) HEARING.—

185 (d) The person who has the intellectual disability, or

186 autism, or neurocognitive disorder must be physically present

187 throughout the entire proceeding. If the person's attorney

188 believes that the person's presence at the hearing is not in his

189 or her best interest, the person's presence may be waived once

190 the court has seen the person and the hearing has commenced.

191 (8) ORDER.—

192 (b) An order of involuntary admission to residential

193 services may not be entered unless the court finds that:

194 1. The person is intellectually disabled, or autistic, or

195 has a neurocognitive disorder.;

196 2. Placement in a residential setting is the least

197 restrictive and most appropriate alternative to meet the

198 person's needs.; ~~and~~

199 3. Because of the person's degree of intellectual

200 disability, or autism, or neurocognitive disorder, the person:

201 a. Lacks sufficient capacity to give express and informed

202 consent to a voluntary application for services pursuant to s.

203 393.065 and lacks basic survival and self-care skills to such a

204 degree that close supervision and habilitation in a residential

205 setting is necessary and, if not provided, would result in a

206 real and present threat of substantial harm to the person's

207 well-being; or

208 b. Is likely to physically injure others if allowed to

209 remain at liberty.

210 (10) COMPETENCY.—

211 (a) The issue of competency is separate and distinct from

212 a determination of the appropriateness of involuntary admission

213 to residential services due to intellectual disability, or

214 autism, or neurocognitive disorder.

215 (b) The issue of the competency of a person who has an

216 intellectual disability, or autism, or a neurocognitive disorder

217 for purposes of assigning guardianship shall be determined in a

218 separate proceeding according to the procedures and requirements

219 of chapter 744. The issue of the competency of a person who has

220 an intellectual disability, or autism, or a neurocognitive

221 disorder for purposes of determining whether the person is

222 competent to proceed in a criminal trial shall be determined in

223 accordance with chapter 916.

224 (12) APPEAL.—

225 (b) The filing of an appeal by the person who has an

226 intellectual disability, or autism, or a neurocognitive disorder

227 stays admission of the person into residential care. The stay

228 remains in effect during the pendency of all review proceedings

229 in Florida courts until a mandate issues. Section 2. Subsections (1) through (4) of section 916.105,

231 Florida Statutes, are amended to read:

232 916.105 Legislative intent.—

233 (1) It is the intent of the Legislature that the

234 Department of Children and Families and the Agency for Persons

235 with Disabilities, as appropriate, establish, locate, and

236 maintain separate and secure forensic facilities and programs

237 for the treatment or training of defendants who have been

238 charged with a felony and who have been found to be incompetent

239 to proceed due to their mental illness, intellectual disability,

240 or autism, or neurocognitive disorder or who have been acquitted

241 of a felony by reason of insanity, and who, while still under

242 the jurisdiction of the committing court, are committed to the

243 department or agency under this chapter. Such facilities must be

244 sufficient to accommodate the number of defendants committed

245 under the conditions noted above. Except for those defendants

246 found by the department or agency to be appropriate for

247 treatment or training in a civil facility or program pursuant to

248 subsection (3), forensic facilities must be designed and

249 administered so that ingress and egress, together with other

250 requirements of this chapter, may be strictly controlled by

251 staff responsible for security in order to protect the

252 defendant, facility personnel, other clients, and citizens in

253 adjacent communities.

254 (2) It is the intent of the Legislature that treatment or

255 training programs for defendants who are found to have mental

256 illness, intellectual disability, or autism, or neurocognitive

257 disorder and are involuntarily committed to the department or

258 agency, and who are still under the jurisdiction of the

259 committing court, be provided in a manner, subject to security

260 requirements and other mandates of this chapter, which ensures

261 the rights of the defendants as provided in this chapter.

262 (3) It is the intent of the Legislature that evaluation

263 and services to defendants who have mental illness, intellectual

264 disability, or autism, or neurocognitive disorder be provided in

265 community settings, in community residential facilities, or in

266 civil facilities, whenever this is a feasible alternative to

267 treatment or training in a state forensic facility.

268 (4) It is the intent of the Legislature that a defendant

269 who is charged with certain felonies, any misdemeanor, or any

270 ordinance violation and who has a mental illness, intellectual

271 disability, or autism, or neurocognitive disorder be evaluated

272 and provided services in a community setting, whenever this is a

273 feasible alternative to incarceration.

274 Section 3. Subsections (15), (16), and (17) of section

275 916.106, Florida Statutes, are renumbered as subsections (16),

276 (17), and (18), respectively, and a new subsection (15) is added

277 to that section, to read:

278 916.106 Definitions.—For the purposes of this chapter, the

279 term:

280 (15) "Neurocognitive disorder" means a decrease in mental

281 function due to a medical condition other than a mental illness.

282 The term includes, but is not limited to, a decrease in mental

283 function due to traumatic brain injury, dementia, Alzheimer's

284 disease, or a neurodegenerative disease.

285 Section 4. Paragraph (a) of subsection (1) and paragraph

286 (a) of subsection (3) of section 916.107, Florida Statutes, are

287 amended to read:

288 916.107 Rights of forensic clients.—

289 (1) RIGHT TO INDIVIDUAL DIGNITY.—

290 (a) The policy of the state is that the individual dignity

291 of the client shall be respected at all times and upon all

292 occasions, including any occasion when the forensic client is

293 detained, transported, or treated. Clients with mental illness,

294 intellectual disability, or autism, or neurocognitive disorder

295 and who are charged with committing felonies shall receive

296 appropriate treatment or training. In a criminal case involving

297 a client who has been adjudicated incompetent to proceed or not

298 guilty by reason of insanity, a jail may be used as an emergency

299 facility for up to 15 days following the date the department or

300 agency receives a completed copy of the court commitment order

301 containing all documentation required by the applicable Florida

302 Rules of Criminal Procedure. For a forensic client who is held

303 in a jail awaiting admission to a facility of the department or

304 agency, evaluation and treatment or training may be provided in

305 the jail by the local community mental health provider for

306 mental health services, by the developmental disabilities

307 program for persons with intellectual disability, or autism, or

308 neurocognitive disorder, the client's physician or psychologist,

309 or any other appropriate program until the client is transferred

310 to a civil or forensic facility. The sheriff shall administer or

311 permit the department to administer the appropriate psychotropic

312 medication to forensic clients before admission to a state

313 mental health treatment facility.

314 (3) RIGHT TO EXPRESS AND INFORMED CONSENT.—

315 (a) A forensic client shall be asked to give express and

316 informed written consent for treatment. If a client refuses such

317 treatment as is deemed necessary and essential by the client's

318 multidisciplinary treatment team for the appropriate care of the

319 client, such treatment may be provided under the following

320 circumstances:

321 1. In an emergency situation in which there is immediate

322 danger to the safety of the client or others, such treatment may

323 be provided upon the order of a physician for up to 48 hours,

324 excluding weekends and legal holidays. If, after the 48-hour

325 period, the client has not given express and informed consent to

326 the treatment initially refused, the administrator or designee

327 of the civil or forensic facility shall, within 48 hours,

328 excluding weekends and legal holidays, petition the committing

329 court or the circuit court serving the county in which the

330 facility is located, at the option of the facility administrator

331 or designee, for an order authorizing the continued treatment of

332 the client. In the interim, the need for treatment shall be

333 reviewed every 48 hours and may be continued without the consent

334 of the client upon the continued order of a physician who has

335 determined that the emergency situation continues to present a

336 danger to the safety of the client or others.

337 2. In a situation other than an emergency situation, the

338 administrator or designee of the facility shall petition the

339 court for an order authorizing necessary and essential treatment

340 for the client.

341 a. If the client has been receiving psychotropic

342 medication at the jail at the time of transfer to the forensic

343 or civil facility and lacks the capacity to make an informed

344 decision regarding mental health treatment at the time of

345 admission, the admitting physician shall order continued

346 administration of psychotropic medication if, in the clinical

347 judgment of the physician, abrupt cessation of that psychotropic

348 medication could pose a risk to the health or safety of the

349 client while a court order to medicate is pursued. The

350 administrator or designee of the forensic or civil facility

351 shall, within 5 days after a client's admission, excluding

352 weekends and legal holidays, petition the committing court or

353 the circuit court serving the county in which the facility is

354 located, at the option of the facility administrator or

355 designee, for an order authorizing the continued treatment of a

356 client with psychotropic medication. The jail physician shall

357 provide a current psychotropic medication order at the time of

358 transfer to the forensic or civil facility or upon request of

359 the admitting physician after the client is evaluated.

360 b. The court order shall allow such treatment for up to 90

361 days after the date that the order was entered. Unless the court

362 is notified in writing that the client has provided express and

363 informed written consent or that the client has been discharged

364 by the committing court, the administrator or designee of the

365 facility shall, before the expiration of the initial 90-day

366 order, petition the court for an order authorizing the

367 continuation of treatment for an additional 90 days. This

368 procedure shall be repeated until the client provides consent or

369 is discharged by the committing court.

370 3. At the hearing on the issue of whether the court should

371 enter an order authorizing treatment for which a client was

372 unable to or refused to give express and informed consent, the

373 court shall determine by clear and convincing evidence that the

374 client has mental illness, intellectual disability, or autism,

375 or neurocognitive disorder; that the treatment not consented to

376 is essential to the care of the client; and that the treatment

377 not consented to is not experimental and does not present an

378 unreasonable risk of serious, hazardous, or irreversible side

379 effects. In arriving at the substitute judgment decision, the

380 court must consider at least the following factors:

381 a. The client's expressed preference regarding treatment;

382 b. The probability of adverse side effects;

383 c. The prognosis without treatment; and

384 d. The prognosis with treatment.

386 The hearing shall be as convenient to the client as may be

387 consistent with orderly procedure and shall be conducted in

388 physical settings not likely to be injurious to the client's

389 condition. The court may appoint a general or special magistrate

390 to preside at the hearing. The client or the client's guardian,

391 and the representative, shall be provided with a copy of the

392 petition and the date, time, and location of the hearing. The

393 client has the right to have an attorney represent him or her at

394 the hearing, and, if the client is indigent, the court shall

395 appoint the office of the public defender to represent the

396 client at the hearing. The client may testify or not, as he or

397 she chooses, and has the right to cross-examine witnesses and

398 may present his or her own witnesses.

399 Section 5. Subsection (1) of section 916.115, Florida

400 Statutes, is amended to read:

401 916.115 Appointment of experts.—

402 (1) The court shall appoint no more than three experts to

403 determine the mental condition of a defendant in a criminal

404 case, including competency to proceed, insanity, involuntary

405 placement, and treatment. The experts may evaluate the defendant

406 in jail or in another appropriate local facility or in a

407 facility of the Department of Corrections.

408 (a) The court-appointed experts shall:

409 1. Be a psychiatrist, licensed psychologist, or physician.

410 2. Have completed initial and annual forensic evaluator

411 training, provided by the department.

412 3. If performing juvenile evaluations, have completed

413 initial and annual juvenile forensic competency evaluation

414 training provided by the department.

415 (b) In jurisdictions in which there is a demonstrated need

416 for additional qualified evaluators, the chief judge of the

417 circuit court may, by administrative order, approve for

418 appointment as an expert a clinical social worker or mental

419 health counselor, as those terms are defined in s. 394.455, if

420 such clinical social worker or mental health counselor meets the

421 qualification requirements in subsection (c). The court shall

422 select experts from a list of qualified mental health

423 professionals maintained by the department unless the court

424 finds good cause to appoint an expert who is not on such list.

425 (c) A clinical social worker or mental health counselor is

426 qualified for appointment under this section if he or she has:

427 1. Successfully completed the Florida Adult Forensic

428 Examiner Training offered by the University of South Florida or

429 an equivalent training program approved by the department and

430 has completed annual forensic evaluator training provided by the

431 department.

432 2. At least 2 years of documented experience working with

433 persons involved in the criminal justice system. Such experience

434 may include work in a correctional facility, forensic treatment

435 setting, diversion program, or similar environment.

436 3. If performing juvenile evaluations, completed initial

437 and annual juvenile forensic competency evaluation training

438 provided by the department.

439 (d) A clinical social worker or mental health counselor

440 may be appointed as an expert to evaluate a defendant in a

441 proceeding relating a determination of competence to proceed as

442 described in ss. 916.12 and 916.13. A clinical social worker or

443 mental health counselor may not be appointed to evaluate a

444 defendant in a proceeding relating to any of the following:

445 1. Involuntary commitment of a defendant adjudicated not

446 guilty by reason of insanity pursuant to s. 916.15.

447 2. Involuntary admission to residential services pursuant

448 to s. 393.11.

449 3. A life felony, homicide, or sexual offense.

450 4. Any forensic matter other than a determination of

451 mental competence to proceed, unless otherwise authorized by

452 general law.

453 ~~(b) Existing evaluators as of July 1, 2024, shall complete~~

454 ~~department-provided annual forensic evaluator training by July~~

455 ~~1, 2026, to remain active on the list described in paragraph~~

456 ~~(c).~~

457 (e)(c) The department shall maintain and annually provide

458 the courts with a list of available mental health professionals

459 who have completed the initial and annual training as experts.

460 Section 6. Subsections (1) and (2) of section 916.301,

461 Florida Statutes, are amended to read:

462 916.301 Appointment of experts.—

463 (1) All evaluations ordered by the court under this part

464 must be conducted by qualified experts who have expertise in

465 evaluating persons who have an intellectual disabilities,

466 ~~disability or~~ autism, or neurocognitive disorders. The agency

467 shall maintain and provide the courts annually with a list of

468 available professionals who are appropriately licensed and

469 qualified to perform evaluations of defendants alleged to be

470 incompetent to proceed due to intellectual disability, or

471 autism, or neurocognitive disorder. The courts may use

472 professionals from this list when appointing experts and

473 ordering evaluations under this part.

474 (2) If a defendant's suspected mental condition is

475 intellectual disability, or autism, or neurocognitive disorder,

476 the court shall appoint the following:

477 (a) At least one, or at the request of any party, two

478 experts to evaluate whether the defendant meets the definition

479 of intellectual disability, or autism, or neurocognitive

480 disorder and, if so, whether the defendant is competent to

481 proceed; and

482 (b) A psychologist selected by the agency who is licensed

483 or authorized by law to practice in this state, with experience

484 in evaluating persons suspected of having an intellectual

485 disability, or autism, or a neurocognitive disorder, and a

486 social service professional, with experience in working with

487 persons who have an intellectual disabilities, ~~disability or~~

488 autism, or neurocognitive disorders.

489 1. The psychologist shall evaluate whether the defendant

490 meets the definition of intellectual disability, or autism, or

491 neurocognitive disorder and, if so, whether the defendant is

492 incompetent to proceed due to intellectual disability, or

493 autism, or neurocognitive disorder.

494 2. The social service professional shall provide a social

495 and developmental history of the defendant.

496 Section 7. Subsections (1), (2), and (4) of section

497 916.3012, Florida Statutes, are amended to read:

498 916.3012 Mental competence to proceed.—

499 (1) A defendant whose suspected mental condition is

500 intellectual disability, or autism, or neurocognitive disorder

501 is incompetent to proceed within the meaning of this chapter if

502 the defendant does not have sufficient present ability to

503 consult with the defendant's lawyer with a reasonable degree of

504 rational understanding or if the defendant has no rational, as

505 well as factual, understanding of the proceedings against the

506 defendant.

507 (2) Experts in intellectual disability, or autism, or

508 neurocognitive disorder appointed pursuant to s. 916.301 shall

509 first consider whether the defendant meets the definition of

510 intellectual disability, or autism, or neurocognitive disorder

511 and, if so, consider the factors related to the issue of whether

512 the defendant meets the criteria for competence to proceed as

513 described in subsection (1).

514 (4) If the experts find that the defendant is incompetent

515 to proceed, the experts shall report on any recommended training

516 for the defendant to attain competence to proceed. In

517 considering the issues relating to training, the examining

518 experts shall specifically report on all of the following:

519 (a) The intellectual disability, or autism, or

520 neurocognitive disorder causing the incompetence.;

521 (b) The training appropriate for the intellectual

522 disability, or autism, or neurocognitive disorder of the

523 defendant and an explanation of each of the possible training

524 alternatives in order of choices.;

525 (c) The availability of acceptable training and, if

526 training is available in the community, the expert shall so

527 state in the report.; ~~and~~

528 (d) The likelihood of the defendant's attaining competence

529 under the training recommended, an assessment of the probable

530 duration of the training required to restore competence, and the

531 probability that the defendant will attain competence to proceed

532 in the foreseeable future.

533 Section 8. Subsection (1), paragraphs (a) and (b) of

534 subsection (2), and paragraph (a) of subsection (3) of section

535 916.302, Florida Statutes, are amended to read:

536 916.302 Involuntary commitment of defendant determined to

537 be incompetent to proceed.—

538 (1) CRITERIA.—Every defendant who is charged with a felony

539 and who is adjudicated incompetent to proceed due to

540 intellectual disability, or autism, or neurocognitive disorder

541 may be involuntarily committed for training upon a finding by

542 the court of clear and convincing evidence that:

543 (a) The defendant has an intellectual disability, or

544 autism, or a neurocognitive disorder.;

545 (b) There is a substantial likelihood that in the near

546 future the defendant will inflict serious bodily harm on himself

547 or herself or another person, as evidenced by recent behavior

548 causing, attempting, or threatening such harm.;

549 (c) All available, less restrictive alternatives,

550 including services provided in community residential facilities

551 or other community settings, which would offer an opportunity

552 for improvement of the condition have been judged to be

553 inappropriate.; ~~and~~

554 (d) There is a substantial probability that the

555 intellectual disability, or autism, or neurocognitive disorder

556 causing the defendant's incompetence will respond to training

557 and the defendant will regain competency to proceed in the

558 reasonably foreseeable future.

559 (2) ADMISSION TO A FACILITY.—

560 (a) A defendant who has been charged with a felony and who

561 is found to be incompetent to proceed due to intellectual

562 disability, or autism, or neurocognitive disorder, and who meets

563 the criteria for involuntary commitment to the agency under this

564 chapter, shall be committed to the agency, and the agency shall

565 retain and provide appropriate training for the defendant.

566 Within 6 months after the date of admission or at the end of any

567 period of extended commitment or at any time the administrator

568 or designee determines that the defendant has regained

569 competency to proceed or no longer meets the criteria for

570 continued commitment, the administrator or designee shall file a

571 report with the court pursuant to this chapter and the

572 applicable Florida Rules of Criminal Procedure.

573 (b) A defendant determined to be incompetent to proceed

574 due to intellectual disability, or autism, or neurocognitive

575 disorder may be ordered by a circuit court into a forensic

576 facility designated by the agency for defendants who have an

577 intellectual disabilities, ~~disability or~~ autism, or

578 neurocognitive disorders.

579 (3) PLACEMENT OF DUALLY DIAGNOSED DEFENDANTS.—

580 (a) If a defendant has both an intellectual disability, or

581 autism, or a neurocognitive disorder and a mental illness,

582 evaluations must address which condition is primarily affecting

583 the defendant's competency to proceed. Referral of the defendant

584 should be made to a civil or forensic facility most appropriate

585 to address the symptoms that are the cause of the defendant's

586 incompetence.

587 Section 9. Subsection (1) of section 916.3025, Florida

588 Statutes, is amended to read:

589 916.3025 Jurisdiction of committing court.—

590 (1) The committing court shall retain jurisdiction in the

591 case of any defendant found to be incompetent to proceed due to

592 intellectual disability, or autism, or neurocognitive disorder

593 and ordered into a forensic facility designated by the agency

594 for defendants who have intellectual disabilities, or autism, or

595 neurocognitive disorders. A defendant may not be released except

596 by the order of the committing court. An administrative hearing

597 examiner does not have jurisdiction to determine issues of

598 continuing commitment or release of any defendant involuntarily

599 committed pursuant to this chapter.

600 Section 10. Subsection (1) of section 916.303, Florida

601 Statutes, is amended to read:

602 916.303 Determination of incompetency; dismissal of

603 charges.—

604 (1) The charges against any defendant found to be

605 incompetent to proceed due to intellectual disability, or

606 autism, or neurocognitive disorder shall be dismissed without

607 prejudice to the state if the defendant remains incompetent to

608 proceed within a reasonable time after such determination, not

609 to exceed 2 years, unless the court in its order specifies its

610 reasons for believing that the defendant will become competent

611 to proceed within the foreseeable future and specifies the time

612 within which the defendant is expected to become competent to

613 proceed. The charges may be refiled by the state if the

614 defendant is declared competent to proceed in the future. Section 11. Subsection (1) of section 916.304, Florida

616 Statutes, is amended to read:

617 916.304 Conditional release.—

618 (1) Except for an inmate currently serving a prison

619 sentence, the committing court may order a conditional release

620 of any defendant who has been found to be incompetent to proceed

621 due to intellectual disability, or autism, or neurocognitive

622 disorder, based on an approved plan for providing community-

623 based training. The committing criminal court may order a

624 conditional release of any defendant to a civil facility in lieu

625 of an involuntary commitment to a forensic facility pursuant to

626 s. 916.302. Upon a recommendation that community-based training

627 for the defendant is appropriate, a written plan for community-

628 based training, including recommendations from qualified

629 professionals, may be filed with the court, with copies to all

630 parties. Such a plan may also be submitted by the defendant and

631 filed with the court, with copies to all parties. The plan must

632 include:

633 (a) Special provisions for residential care and adequate

634 supervision of the defendant, including recommended location of

635 placement.

636 (b) Recommendations for auxiliary services such as

637 vocational training, psychological training, educational

638 services, leisure services, and special medical care.

640 In its order of conditional release, the court shall specify the

641 conditions of release based upon the release plan and shall

642 direct the appropriate agencies or persons to submit periodic

643 reports to the courts regarding the defendant's compliance with

644 the conditions of the release and progress in training, with

645 copies to all parties.

646 Section 12. Paragraph (e) of subsection (1), subsection

647 (2), paragraph (a) of subsection (3), paragraph (a) of

648 subsection (4), and paragraph (a) of subsection (6) of section

649 985.19, Florida Statutes, are amended to read:

650 985.19 Incompetency in juvenile delinquency cases.—

651 (1) If, at any time prior to or during a delinquency case,

652 the court has reason to believe that the child named in the

653 petition may be incompetent to proceed with the hearing, the

654 court on its own motion may, or on the motion of the child's

655 attorney or state attorney must, stay all proceedings and order

656 an evaluation of the child's mental condition.

657 (e) For incompetency evaluations related to intellectual

658 disability, or autism, or neurocognitive disorder, the court

659 shall order the Agency for Persons with Disabilities to examine

660 the child to determine if the child meets the definition of

661 "intellectual disability" or "autism" in s. 393.063 or

662 "neurocognitive disorder" in s. 916.106 and, if so, whether the

663 child is competent to proceed with delinquency proceedings.

664 (2) A child who is adjudicated incompetent to proceed, and

665 who has committed a delinquent act or violation of law, either

666 of which would be a felony if committed by an adult, must be

667 committed to the Department of Children and Families for

668 treatment or training. A child who has been adjudicated

669 incompetent to proceed because of age or immaturity, or for any

670 reason other than for mental illness, intellectual disability,

671 or autism, or neurocognitive disorder, must not be committed to

672 the department or to the Department of Children and Families for

673 restoration-of-competency treatment or training services. For

674 purposes of this section, a child who has committed a delinquent

675 act or violation of law, either of which would be a misdemeanor

676 if committed by an adult, may not be committed to the department

677 or to the Department of Children and Families for restoration-

678 of-competency treatment or training services.

679 (3) If the court finds that a child has mental illness,

680 intellectual disability, or autism, or neurocognitive disorder

681 and adjudicates the child incompetent to proceed, the court must

682 also determine whether the child meets the criteria for secure

683 placement. A child may be placed in a secure facility or program

684 if the court makes a finding by clear and convincing evidence

685 that:

686 (a) The child has mental illness, intellectual disability,

687 or autism, or neurocognitive disorder and because of the mental

688 illness, intellectual disability, or autism, or neurocognitive

689 disorder:

690 1. The child is manifestly incapable of surviving with the

691 help of willing and responsible family or friends, including

692 available alternative services, and without treatment or

693 training the child is likely to suffer from neglect or refuse to

694 care for self, and such neglect or refusal poses a real and

695 present threat of substantial harm to the child's well-being; or

696 2. There is a substantial likelihood that in the near

697 future the child will inflict serious bodily harm on self or

698 others, as evidenced by recent behavior causing, attempting, or

699 threatening such harm; and

700 (4) A child who is determined to have mental illness,

701 intellectual disability, or autism, or neurocognitive disorder,

702 who has been adjudicated incompetent to proceed, and who meets

703 the criteria set forth in subsection (3), must be committed to

704 the Department of Children and Families and receive treatment or

705 training in a secure facility or program that is the least

706 restrictive alternative consistent with public safety. Any

707 placement of a child to a secure residential program must be

708 separate from adult forensic programs. If the child attains

709 competency, custody, case management, and supervision of the

710 child shall be transferred to the department in order to

711 continue delinquency proceedings; however, the court retains

712 authority to order the Department of Children and Families to

713 provide continued treatment or training to maintain competency.

714 (a) A child adjudicated incompetent due to intellectual

715 disability, or autism, or neurocognitive disorder may be ordered

716 into a secure program or facility designated by the Department

717 of Children and Families for children who have intellectual

718 disabilities, or autism, or neurocognitive disorders.

719 (6)(a) If a child is determined to have mental illness,

720 intellectual disability, or autism, or neurocognitive disorder

721 and is found to be incompetent to proceed but does not meet the

722 criteria set forth in subsection (3), the court shall commit the

723 child to the Department of Children and Families and order the

724 Department of Children and Families to provide appropriate

725 treatment and training in the community. The purpose of the

726 treatment or training is the restoration of the child's

727 competency to proceed.

728 Section 13. The Division of Law Revision is directed to

729 redesignate part III of chapter 916, Florida Statutes, as

730 "FORENSIC SERVICES FOR PERSONS WHO ARE INTELLECTUALLY DISABLED

731 OR AUTISTIC, OR WHO HAVE NEUROCOGNITIVE DISORDERS."

732 Section 14. For the purpose of incorporating the amendment

733 made by this act to section 393.11, Florida Statutes, in a

734 reference thereto, paragraph (b) of subsection (1) of section

735 393.115, Florida Statutes, is reenacted to read:

736 393.115 Discharge.—

737 (1) DISCHARGE AT THE AGE OF MAJORITY.—

738 (b) If the resident appears to meet the criteria for

739 involuntary admission to residential services pursuant to s.

740 393.11, the agency shall file a petition to determine the

741 appropriateness of continued residential placement on an

742 involuntary basis. The agency shall file the petition for

743 involuntary admission in the county in which the client resides.

744 If the resident was originally involuntarily admitted to

745 residential services pursuant to s. 393.11, then the agency

746 shall file the petition in the court having continuing

747 jurisdiction over the case.

748 Section 15. This act shall take effect July 1, 2026.