Florida Senate - 2023 SB 1276 By Senator Book 35-00917A-23 20231276__ Page 1 of 6 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to involuntary civil commitment of 2 sexually violent predators; creating s. 394.9131, 3 F.S.; requiring the Department of Children and 4 Families to enroll certain persons for a specified 5 time in a prerelease treatment program developed by 6 the department under certain circumstances; providing 7 requirements for such program; requiring the 8 department to coordinate with the Department of 9 Corrections to ensure access to such program; 10 requiring that the program be delivered remotely by 11 video conference; amending s. 394.918, F.S.; creating 12 a rebuttable presumption that it is not safe for a 13 person to be at large if the person has not completed 14 a hierarchal advancing treatment plan; creating s. 15 394.9181, F.S.; requiring certain persons to complete 16 a hierarchal advancing treatment plan before being 17 released; providing requirements for such plan; 18 requiring primary treating clinicians and clinical 19 directors or their specified designees to review a 20 person’s treatment plan and progress and prepare a 21 status report for the person’s clinical file; amending 22 s. 394.930, F.S.; requiring the Department of Children 23 and Families to adopt rules; amending s. 394.931, 24 F.S.; requiring the Department of Corrections to 25 include specified data in its quarterly reports; 26 requiring the department to publish certain quarterly 27 and annual reports on its public website; providing an 28 effective date. 29

Florida Senate - 2023 SB 1276 35-00917A-23 20231276__ Page 2 of 6 CODING: Words stricken are deletions; words underlined are additions. 30 Be It Enacted by the Legislature of the State of Florida: 31 32

Section

Section 394.9131, Florida Statutes, is created 33 to read: 34 394.9131 Mandatory prerelease treatment program for persons 35 in custody of the Department of Corrections.— 36

(1) Upon written notice of the anticipated release of a 37 person from the Department of Corrections being provided to a 38 state attorney and a multidisciplinary team pursuant to s. 39 394.913(1), the department must enroll such person for a minimum 40 of 12 weeks in a prerelease treatment program developed by the 41 department if a multidisciplinary team has determined that such 42 person meets the definition of a sexually violent predator 43 pursuant to s. 394.913. 44

(2) The prerelease treatment program must include evidence-45 based psychological therapies developed by clinical staff at the 46 Florida Civil Commitment Center and include, at a minimum, 47 counseling directed toward sex offender-specific issues and 48 general psychological issues. 49

(3) The department shall coordinate with the Department of 50 Corrections to ensure access to the prerelease treatment program 51 for such persons. The prerelease treatment program must be 52 delivered remotely by video conference. 53

Section 2. Subsection (5) is added to

section 394.918, 54 Florida Statutes, to read: 55 394.918 Examinations; notice; court hearings for release of 56 committed persons; burden of proof.— 57

(5) At the probable cause hearing under subsection (3) and 58

Florida Senate - 2023 SB 1276 35-00917A-23 20231276__ Page 3 of 6 CODING: Words stricken are deletions; words underlined are additions. the trial under subsection (4), there is a rebuttable 59 presumption that the person’s mental condition remains such that 60 it is not safe for the person to be at large if the person has 61 not completed the entire series of a hierarchal advancing 62 treatment plan pursuant to s. 394.9181. 63

Section

Section 394.9181, Florida Statutes, is created 64 to read: 65 394.9181 Hierarchal advancing treatment plan for committed 66 persons; requirements; components.— 67

(1) If a multidisciplinary team determines that a person 68 meets the definition of a sexually violent predator pursuant to 69 s. 394.913 and the person is committed under this

part 70 subsequent to a trial, the person may not be released before 71 completing the entire series of a hierarchal advancing treatment 72 plan developed by the department. 73

(2) The hierarchal advancing treatment plan must: 74 (

a) Consist of a series of hierarchically advancing stages 75 of treatment and rehabilitation; 76 (

b) Include cognitive-behavioral therapy and relapse 77 prevention therapy tailored to meet the needs of each committed 78 person. Each committed person must receive a comprehensive 79 assessment that allows the department to develop an 80 individualized treatment plan for the person; 81 (

c) Afford group and, where indicated, individual 82 counseling directed toward sex offender-specific issues, as well 83 as substance use disorder and general psychological issues; and 84 (

d) In addition to structured counseling activities, offer 85 vocational therapy and therapeutic recreational activities. 86

(3) At least annually, the primary treating clinician of 87

Florida Senate - 2023 SB 1276 35-00917A-23 20231276__ Page 4 of 6 CODING: Words stricken are deletions; words underlined are additions. each committed person and the clinical director or his or her 88 licensed psychologist or psychiatrist designee shall review the 89 person’s treatment plan and progress and shall prepare a status 90 report to be included in the person’s clinical file, with 91 notation of any adjustments made in the person’s treatment plan 92 as a result of the review. 93

Section

Section 394.930, Florida Statutes, is amended to 94 read: 95 394.930 Authority to adopt rules.—The Department of 96 Children and Families shall adopt rules for all of the 97 following: 98

(1) Procedures that must be followed by members of the 99 multidisciplinary teams when assessing and evaluating persons 100 subject to this part.; 101

(2) Education and training requirements for members of the 102 multidisciplinary teams and professionals who assess and 103 evaluate persons under this part.; 104

(3) The criteria that must exist in order for a 105 multidisciplinary team to recommend to a state attorney that a 106 petition should be filed to involuntarily commit a person under 107 this part. The criteria must shall include, but are not limited 108 to, whether: 109 (

a) The person has a propensity to engage in future acts of 110 sexual violence; 111 (

b) The person should be placed in a secure, residential 112 facility; and 113 (

c) The person needs long-term treatment and care. 114

(4) The designation of secure facilities for sexually 115 violent predators who are subject to involuntary commitment 116

Florida Senate - 2023 SB 1276 35-00917A-23 20231276__ Page 5 of 6 CODING: Words stricken are deletions; words underlined are additions. under this part.; 117

(5) The components of the basic treatment plan, in addition 118 to the components required in the hierarchal advancing treatment 119 plan under s. 394.9181, for all committed persons under this 120 part.; 121

(6) The components of the prerelease treatment program 122 required under s. 394.9131, including the components specified 123 in s. 394.9131(2), and the provision of such treatment program 124 in coordination with the Department of Corrections. 125

(7) The protocol to inform a person that he or she is being 126 examined to determine whether he or she is a sexually violent 127 predator under this part. 128

Section

Section 394.931, Florida Statutes, is amended to 129 read: 130 394.931 Quarterly and annual reports.—The Department of 131 Corrections shall collect information and compile quarterly 132 reports with statistics profiling inmates released the previous 133 quarter who fit the criteria and were referred to the Department 134 of Children and Families pursuant to this act.

At a minimum, the 135 information that must be collected and compiled for inclusion in 136 the reports includes: whether the qualifying offense was the 137 current offense or the prior offense; the offender’s most 138 serious sexual offense; the total number of distinct victims of 139 the sexual offense; whether the victim was known to the 140 offender; whether the sexual act was consensual; whether the 141 sexual act involved multiple victims; whether direct violence 142 was involved in the sexual offense; the age of each victim at 143 the time of the offense; the age of the offender at the time of 144 the first sexual offense; whether a weapon was used; length of 145

Florida Senate - 2023 SB 1276 35-00917A-23 20231276__ Page 6 of 6 CODING: Words stricken are deletions; words underlined are additions. time since the most recent sexual offense; and the total number 146 of prior and current sexual offense convictions. The Department 147 of Corrections shall compile recidivism data on those referred, 148 detained, or committed to the department. The data must shall be 149 included in the Department of Corrections’ quarterly and annual 150 reports, and such reports must be published on the Department of 151 Corrections’ public website report. 152

Section 6. This act shall take effect July 1, 2023. 153