916.302 Involuntary commitment of defendant determined to be incompetent to proceed. - Florida Statutes

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 retardation or autism may be involuntarily committed for training upon a finding by the court of clear and convincing evidence that:

   (a) The defendant has retardation or autism;

   (b) There is a substantial likelihood that in the near future the defendant will inflict serious bodily harm on himself or herself or another person, as evidenced by recent behavior causing, attempting, or threatening such harm;

   (c) All available, less restrictive alternatives, including services provided in community residential facilities or other community settings, which would offer an opportunity for improvement of the condition have been judged to be inappropriate; and

   (d) There is a substantial probability that the retardation or autism causing the defendant’s incompetence will respond to training and the defendant will regain competency to proceed in the reasonably foreseeable future.

   (2) ADMISSION TO A FACILITY.

   (a) A defendant who has been charged with a felony and who is found to be incompetent to proceed due to retardation or autism, and who meets the criteria for involuntary commitment to the agency under the provisions of this chapter, shall be committed to the agency, and the agency shall retain and provide appropriate training for the defendant. No later than 6 months after the date of admission or at the end of any period of extended commitment or at any time the administrator or designee shall have determined that the defendant has regained competency to proceed or no longer meets the criteria for continued commitment, the administrator or designee shall file a report with the court pursuant to this chapter and the applicable Florida Rules of Criminal Procedure.

   (b) A defendant determined to be incompetent to proceed due to retardation or autism may be ordered by a circuit court into a forensic facility designated by the agency for defendants who have mental retardation or autism.

   (c) The agency may transfer a defendant from a designated forensic facility to another designated forensic facility and must notify the court of the transfer within 30 days after the transfer is completed.

   (d) The agency may not transfer a defendant from a designated forensic facility to a civil facility without first notifying the court, and all parties, 30 days before the proposed transfer. If the court objects to the proposed transfer, it must send its written objection to the agency. The agency may transfer the defendant unless it receives the written objection from the court within 30 days after the court’s receipt of the notice of the proposed transfer.

   (3) PLACEMENT OF DUALLY DIAGNOSED DEFENDANTS.

   (a) If a defendant has both mental retardation or autism and has a mental illness, evaluations must address which condition is primarily affecting the defendant’s competency to proceed. Referral of the defendant should be made to a civil or forensic facility most appropriate to address the symptoms that are the cause of the defendant’s incompetence.

   (b) Transfer from 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. The department and agency shall submit an evaluation and justification for the transfer to the court. The court may consult with an outside expert if necessary. Transfer will require an amended order from the committing court.

History. s. 25, ch. 98-92; s. 19, ch. 2006-195.