Fla. Stat. § 945.41 — Florida Code / Title XLVII / Chapter 945 / Section 945.41
945.41 Mental health treatment for inmates; legislative intent of ss. 945.40-945.49.
Status: in_force

(1) INTENT. — It is the intent of the Legislature that: (a) Inmates in the custody of the department who have a mental illness receive an evaluation and appropriate treatment for their mental illness through a continuum of outpatient and inpatient mental health treatment and services. (b) The department is authorized to purchase treatment materials and equipment to support inmate rehabilitation; to ameliorate disabling mental symptoms associated with impairment in behavioral functioning, sensory and motor skills, and impulse control; and to improve adaptive coping skills consistent with the department’s jurisdiction as described in s. 945.025. (c) Sections 945.40-945.49 do not supplement, amend, or change the responsibilities of the Department of Children and Families pursuant to chapter 916, the Forensic Client Services Act, which governs forensic services for persons who are incompetent to proceed as defined in s. 916.106.

(2) INDIVIDUAL DIGNITY AND TREATMENT. — (a) An inmate in the custody of the department shall be offered treatment that is suited to his or her needs as determined by health care staff and that is provided in a humane psychological environment. Such treatment shall be administered skillfully, safely, and humanely with respect for the inmate’s dignity and personal integrity. (b) The department shall provide mental health treatment and services to inmates and may contract with any entities, persons, or agencies qualified to provide such treatment and services. (c) Inmates receiving mental health treatment and services shall be offered the opportunity to participate in the development of a written individualized treatment plan and provided a copy of such plan before its implementation. (d) Inmates who have mental illnesses that require intensive mental health inpatient treatment and services or care shall be offered appropriate treatment or care in an inpatient setting designated for that purpose. Inmates who have mental illnesses that require intensive hospitalization-level mental health inpatient treatment and services shall be transferred to a department mental health treatment facility designated for that purpose. (e) Mental health treatment facilities shall be secure and adequately equipped and staffed for the provision of mental health treatment and services. Inmates shall be offered the least restrictive appropriate available treatment and services based on their assessed needs and best interests and consistent with improvement of their condition for facilitation of appropriate adjustment within the correctional environment.

(3) EXPRESS AND INFORMED CONSENT. — (a) A mentally competent inmate offered mental health treatment within the department shall give his or her express and informed consent for such treatment. Before giving such consent, the following information shall be provided and explained in plain language to the inmate: 1. The proposed treatment. 2. The purpose of the treatment. 3. The common risks, benefits, and side effects of the treatment and the specific dosage range for a medication, if applicable. 4. Alternative treatment modalities. 5. The approximate length of treatment. 6. The potential effects of stopping treatment. 7. How treatment will be monitored. 8. That any consent given for treatment may be revoked orally or in writing before or during the treatment period by the inmate or by a person legally authorized to make health care decisions on behalf of the inmate. (b) Inmates who are determined to be incompetent to consent to treatment shall receive treatment deemed to be necessary for their appropriate care and for the safety of the inmate or others in accordance with the procedures established in ss. 945.40-945.49.

(4) PAROLE. — Inmates who are transferred to any facility for the purpose of mental health treatment and services shall be given consideration for parole and be eligible for release by reason of gain-time allowances as provided in s. 944.291 and release by expiration of sentence, consistent with guidelines established for that purpose by the department.

(5) YOUTHFUL OFFENDERS. — Any inmate sentenced as a youthful offender, or designated as a youthful offender by the department under chapter 958, who is transferred pursuant to this act to a mental health treatment facility shall be separated from other inmates, if necessary, as determined by the warden of the mental health treatment facility.

(6) TREATMENT FACILITIES. — The department may designate mental health treatment facilities for adult, youthful, and female offenders or may contract with other appropriate entities, persons, or agencies for such services.

(7) EMERGENCY MEDICAL TREATMENT. — Notwithstanding any other provision of this section, when the express and informed consent of an inmate placed in a mental health treatment facility in accordance with s. 945.44 cannot be obtained or the inmate is incompetent to consent to treatment, the warden of a mental health treatment facility, or his or her designated representative, under the direction of the inmate’s attending physician, may authorize nonpsychiatric, emergency surgical treatment or other routine medical treatment if such treatment is deemed lifesaving or there is a situation threatening serious bodily harm to the inmate.

History: s. 1, ch. 82-224; s. 29, ch. 84-361; s. 2, ch. 96-422; s. 317, ch. 99-8; s. 18, ch. 2000-161; s. 10, ch. 2008-250; s. 12, ch. 2010-64; s. 8, ch. 2025-81.