Bill Text: FL S0524 | 2014 | Regular Session | Enrolled
Bill Title: Sexually Violent Predators
Spectrum:
Status: (Passed) 2014-04-02 - Chapter No. 2014-3, companion bill(s) passed, see CS/CS/SB 522 (Ch. 2014-2) [S0524 Detail]
Download: Florida-2014-S0524-Enrolled.html
ENROLLED 2014 Legislature CS for SB 524, 1st Engrossed 2014524er 1 2 An act relating to sexually violent predators; 3 providing a short title; amending s. 394.913, F.S.; 4 requiring the Department of Children and Families to 5 provide training to the members of the 6 multidisciplinary team; limiting the term of contract 7 of multidisciplinary team members who contract with 8 the department to 1 year; providing that such 9 contracts may be renewed; requiring the department to 10 maintain data on each case on the recommendations of 11 the clinical evaluators; requiring state attorneys to 12 provide the department with specified information; 13 requiring the multidisciplinary team to prioritize 14 assessments based on release dates; requiring the 15 multidisciplinary team to proceed without a personal 16 interview under certain circumstances; requiring the 17 multidisciplinary team to provide the state attorney 18 with a written assessment and recommendation as to 19 whether a person meets the definition of a sexually 20 violent predator within specified timeframes; 21 requiring the department to recommend that the state 22 attorney file a civil commitment petition under 23 certain circumstances; requiring the department to 24 send the recommendation and assessment to the state 25 attorney for further review; requiring the 26 multidisciplinary team to reexamine the case under 27 certain circumstances; conforming provisions to 28 changes made by the act; creating s. 1005.10, F.S.; 29 requiring nonpublic colleges, universities, and 30 schools to inform students and employees of the 31 Florida Department of Law Enforcement sexual predator 32 and sexual offender registry website and toll-free 33 telephone number; creating s. 1006.695, F.S.; 34 requiring Florida College System institutions, state 35 universities, and career centers to inform students 36 and employees of the Florida Department of Law 37 Enforcement sexual predator and sexual offender 38 registry website and toll-free telephone number; 39 providing an effective date. 40 41 Be It Enacted by the Legislature of the State of Florida: 42 43 Section 1. This act may be cited as the “Protecting Our 44 Children and Adults from Sexual Predators Act.” 45 Section 2. Subsection (3) of section 394.913, Florida 46 Statutes, is amended to read: 47 394.913 Notice to state attorney and multidisciplinary team 48 of release of sexually violent predator; establishing 49 multidisciplinary teams; information to be provided to 50 multidisciplinary teams.— 51 (3)(a) The secretary or his or her designee shall establish 52 a multidisciplinary team or teams. 53 (b) Each team shall include, but needisnot be limited to, 54 two licensed psychiatrists or psychologists or one licensed 55 psychiatrist and one licensed psychologist who shall each have 56 experience in or relevant to the evaluation or treatment of 57 persons with mental abnormalities. The department shall provide 58 annual training to the members of the multidisciplinary team on 59 topics, including, but not limited to, research on sexual 60 offenses or offenders, clinical evaluation methods, and the 61 civil commitment process. Members of the team who are hired on 62 contract are limited to 1-year contracts. Such contracts may be 63 renewed. The department shall regularly provide feedback to each 64 multidisciplinary team member and formally evaluate annually the 65 performance of each member of the multidisciplinary team. Such 66 evaluations must include, but need not be limited to, the 67 member’s: 68 1. Scope of knowledge and understanding of clinical 69 research regarding risk factors for sexual deviance and 70 recidivism; 71 2. Ability to identify relevant clinical data from review 72 of criminal records and other information, including 73 recommendations of law enforcement and insights from victim 74 advocates; and 75 3. Ability to apply clinical information in a structured 76 assessment of both static risk factors and dynamic predictors of 77 recidivism. 78 (c) The department shall maintain data on each case on the 79 recommendations of the clinical evaluators in their clinical 80 evaluations, the final recommendations of the multidisciplinary 81 team, the petitions filed by state attorneys, and the results of 82 those petitions. The department shall analyze, at least 83 annually, this data to assess inter-rater reliability between 84 clinical evaluators and the level of agreement between an 85 individual evaluator’s recommendation and the multidisciplinary 86 team’s recommendation for the same individual. The department 87 shall also assess trends in multidisciplinary team 88 recommendations, state attorneys filings, and the results of 89 such filings. The state attorneys shall provide information to 90 the department regarding filings and their results as necessary 91 to maintain this data. 92 (d) The multidisciplinary team shall assess and evaluate 93 each person referred to the team. The multidisciplinary team 94 shall prioritize the assessment and evaluation of persons 95 referred under subsection (1) based upon the person’s release 96 date. The assessment and evaluation mustshallinclude a review 97 of the person’s institutional history and treatment record, if 98 any, the person’s criminal background, and any other factor that 99 is relevant to the determination of whether thesuchperson is a 100 sexually violent predator. 101 (e)(c)Before recommending that a person meets the 102 definition of a sexually violent predator, the person must be 103 offered a personal interview. If the person agrees to 104 participate in a personal interview, at least one member of the 105 team who is a licensed psychiatrist or psychologist must conduct 106 a personal interview of the person. If the person refuses to 107 fully participate in a personal interview, the multidisciplinary 108 team shallmayproceed with its recommendation without thea109personalinterviewof the person. 110 (f) The multidisciplinary team shall complete all clinical 111 evaluations and provide the state attorney a written assessment 112 and recommendation as to whether the person meets the definition 113 of a sexually violent predator at least 1 month before the 114 person’s scheduled release date from the Department of 115 Corrections, the Department of Juvenile Justice, or the 116 Department of Children and Families. The multidisciplinary team 117 shall complete all clinical evaluations and provide the state 118 attorney a written assessment and recommendation as to whether 119 the person meets the definition of a sexually violent predator 120 at least 24 hours before the person’s scheduled release date 121 from a county or municipal jail. 122 1. The department must recommend that the state attorney 123 file a petition for civil commitment if at least two members of 124 the multidisciplinary team determine that the person meets the 125 definition of a sexually violent predator. 126 2. When the department determines that a person who has 127 received a clinical evaluation does or does not meet the 128 definition of a sexually violent predator, the written 129 assessment and recommendation shall be sent to the state 130 attorney. If the state attorney questions, in writing, the 131 determination that the person does or does not meet the 132 definition of a sexually violent predator, the multidisciplinary 133 team must reexamine the case before a final written assessment 134 and recommendation is provided to the state attorney. 135 (g)(d)The Attorney General’s Office shall serve as legal 136 counsel to the multidisciplinary team. 137(e)1. Within 180 days after receiving notice, there shall138be a written assessment as to whether the person meets the139definition of a sexually violent predator and a written140recommendation, which shall be provided to the state attorney.141The written recommendation shall be provided by the Department142of Children and Family Services and shall include the written143report of the multidisciplinary team.1442. Notwithstanding subparagraph 1., in the case of a person145for whom the written assessment and recommendation has not been146completed at least 365 days before his or her release from total147confinement, the department shall prioritize the assessment of148that person based upon the person’s release date.149 Section 3. Section 1005.10, Florida Statutes, is created to 150 read: 151 1005.10 Sexual predator and sexual offender notification; 152 nonpublic colleges, universities, and schools.—Each nonpublic 153 college, university, and school shall inform students and 154 employees at orientation and on its website of the existence of 155 the Department of Law Enforcement sexual predator and sexual 156 offender registry website and the toll-free telephone number 157 that gives access to sexual predator and sexual offender public 158 information pursuant to s. 943.043. 159 Section 4. Section 1006.695, Florida Statutes, is created 160 to read: 161 1006.695 Sexual predator and sexual offender notification; 162 Florida College System institutions, state universities, and 163 career centers.—Each Florida College System institution as 164 defined in s. 1000.21, state university as defined in s. 165 1000.21, and career center as provided in s. 1001.44 shall 166 inform students and employees at orientation and on its website 167 of the existence of the Department of Law Enforcement sexual 168 predator and sexual offender registry website and the toll-free 169 telephone number that gives access to sexual predator and sexual 170 offender public information pursuant to s. 943.043. 171 Section 5. This act shall take effect July 1, 2014.