Title: Sexually Violent Predators

Summary: Clarifying the definition of the term "sexually violent offense" to include only a felony criminal act that has been determined beyond a reasonable doubt to have been sexually motivated; requiring that the Department of Children and Family Services give priority to the assessment of persons who will be released from total confinement at the earliest date under certain circumstances; revising the period within which the department's multidisciplinary team is required to provide an assessment to the state attorney; deleting a provision relating to the deportation of a sexually violent predator, etc.

Full Text:
An act relating to sexually violent predators; amending s. 394.912, F.S.; clarifying the definition of the term  sexually violent offense  to include only a felony criminal act that has been determined beyond a reasonable doubt to have been sexually motivated; amending s. 394.913, F.S.; requiring that the Department of Children and Family Services give priority to the assessment of persons who will be released from total confinement at the earliest date under certain circumstances; amending s. 394.9135, F.S.; revising the period within which the department s multidisciplinary team is required to provide an assessment to the state attorney; revising the period within which the state attorney may file a petition with the circuit court alleging that an offender is a sexually violent predator; amending s. 394.917, F.S.; deleting a provision relating to the deportation of a sexually violent predator; creating s. 394.933, F.S.; prohibiting the introduction or attempted introduction of certain items into any facility for the detention of sexually violent predators; prohibiting the transmission or attempted transmission of prohibited items to a person incarcerated in the facility; providing that a person or vehicle entering the grounds of the facility is subject to reasonable search for and seizure of prohibited items; subjecting a person to criminal penalties for introducing or attempting to introduce a prohibited item on the grounds of a facility for the detention of sexually violent predators; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Subsection (9) of section 394.912, Florida Statutes, is amended to read: 394.912 Definitions. As used in this part, the term: (9) Sexually violent offense  means: (a) Murder of a human being while engaged in sexual battery in violation of s. 782.04(1)(a)2.; (b) Kidnapping of a child under the age of and, in the course of that offense, committing: 1. Sexual battery; or 2. A lewd, lascivious, or indecent assault or act upon or in the presence of the child; (c) Committing the offense of false imprisonment upon a child under the age of and, in the course of that offense, committing: 1. Sexual battery; or 2. A lewd, lascivious, or indecent assault or act upon or in the presence of the child; (d) Sexual battery in violation of s. 794.011; (e) Lewd, lascivious, or indecent assault or act upon or in presence of the child in violation of s. 800.04 or s. 847.0135(5); (f) An attempt, criminal solicitation, or conspiracy, in violation of s. 777.04, of a sexually violent offense; (g) Any conviction for a felony offense in effect at any time before October 1, 1998, which is comparable to a sexually violent offense under paragraphs (a)-(f) or any federal conviction or conviction in another state for a felony offense that in this state would be a sexually violent offense; or (h) Any felony criminal act that, either at the time of sentencing for the offense or subsequently during civil commitment proceedings under this part, has been determined beyond a reasonable doubt to have been sexually motivated. Section 2. Paragraph (e) of subsection (3) of section 394.913, Florida Statutes, is amended to read: 394.913 Notice to state attorney and multidisciplinary team of release of sexually violent predator; establishing multidisciplinary teams; information to be provided to multidisciplinary teams.  (3) (e) 1.  Within days after receiving notice, there shall be a written assessment as to whether the person meets the definition of a sexually violent predator and a written recommendation, which shall be provided to the state attorney. The written recommendation shall be provided by the Department of Children and Family Services and shall include the written report of the multidisciplinary team. 2.   Notwithstanding the timeframes in this section, if the written assessment and recommendation has not been completed for more than one person who will be released from total confinement in less than days, the department shall give priority to the assessment of the person who will be released at the earliest date. Section 3. Subsections (2) and (3) of section 394.9135, Florida Statutes, are amended to read: 394.9135 Immediate releases from total confinement; transfer of person to department; time limitations on assessment, notification, and filing petition to hold in custody; filing petition after release.  (2) Within hours after transfer, the multidisciplinary team shall assess whether the person meets the definition of a sexually violent predator. If the multidisciplinary team determines that the person does not meet the definition of a sexually violent predator, that person shall be immediately released. If the multidisciplinary team determines that the person meets the definition of a sexually violent predator, the team shall provide the state attorney, as designated by s. 394.913, with its written assessment and recommendation within the 72-hour period or, if the 72-hour period ends after p.m. on a work day or on a weekend or holiday, within the next working day thereafter. (3)  Within hours after receipt of the written assessment and recommendation from the multidisciplinary team, The state attorney, as designated in s. 394.913, may file a petition with the circuit court alleging that the person is a sexually violent predator and stating facts sufficient to support such allegation within hours after receipt of the written assessment and recommendation from the multidisciplinary team or by p.m. of the next work day if the 48-hour period ends after p.m. on a work day or on a weekend or holiday.If a petition is not timely filed within hours after receipt of the written assessment and recommendation by the state attorney, the person shall be immediately released. If a petition is filed pursuant to this section and the judge determines that there is probable cause to believe that the person is a sexually violent predator, the judge shall order the person be maintained in custody and held in an appropriate secure facility for further proceedings in accordance with this part. Section 4. Subsection (2) of section 394.917, Florida Statutes, is amended to read: 394.917 Determination; commitment procedure; mistrials; housing; counsel and costs in indigent appellate cases.  (2) If the court or jury determines that the person is a sexually violent predator, upon the expiration of the incarcerative portion of all criminal sentences and disposition of any detainers other than detainers for deportation by the United States Bureau of Citizenship and Immigration Services,the person shall be committed to the custody of the Department of Children and Family Services for control, care, and treatment until such time as the person s mental abnormality or personality disorder has so changed that it is safe for the person to be at large. At all times, persons who are detained or committed under this part shall be kept in a secure facility segregated from patients of the department who are not detained or committed under this part. Section 5. Section 394.933, Florida Statutes, is created to read: 394.933   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, a person may not introduce into any facility for commitment or detention of sexually violent predators under this part, or take or attempt to take or send therefrom, any of the following articles, which are declared to be contraband for the purposes of this section: 1. An intoxicating beverage or beverage that causes or may cause an intoxicating effect; 2. A controlled substance as defined in chapter 893; 3. A firearm or deadly weapon; or 4. Any other item designated by written facility policy to be hazardous to the welfare of clients or staff or to the operation of the facility. (b) A person may not transmit to, attempt to transmit to, or cause or attempt to cause to be transmitted to or received by any client of any facility under the supervision or control of the department or agency any article or thing declared by this section to be contraband, at any place that is outside the grounds of such facility, except as authorized by law or as specifically authorized by the person in charge of the facility. (2)(a) An individual or vehicle entering the grounds of any facility to which this section applies is subject to reasonable search and seizure of any contraband materials introduced into or upon the grounds of such facility for the purpose of enforcing this section. This paragraph shall be enforced by institutional security personnel or by a law enforcement officer as defined in s. 943.10.(b) A person who violates subsection (1) commits a felony of the third degree, punishable as provided in s. 775.082,s. 775.083,or s. 775.084.Section 6. This act shall take effect July 1, 2012.