Criteria for Recommendation that Involuntary Civil Commitment Petition be Filed

 

DEPARTMENT OF CHILDREN AND FAMILY SERVICES

Mental Health Program

RULE NO.:RULE TITLE:

65EER14-1Criteria for Recommendation that Involuntary Civil Commitment Petition be Filed

SPECIFIC REASONS FOR FINDING AN IMMEDIATE DANGER TO THE PUBLIC HEALTH, SAFETY OR WELFARE: The Department has recently begun receiving new types of referrals of persons who have committed “sexually motivated” offenses from agencies with jurisdiction under Section 394.913, Florida Statutes. The Department has determined existing Rule 65C-25.003, F.A.C., provides criteria for submitting a recommendation to the state attorney under Chapter 394, Part V, Florida Statutes, which are inappropriate for certain individuals, and may preclude the multidisciplinary team from recommending a given sex offender meets criteria for commitment even though such a recommendation is clinically indicated. Amending the rule is needed to ensure such individuals are handled appropriately under Chapter 394, Part V, Florida Statutes. The current situation supports the issuance of an emergency rule because the Sexually Violent Predator Program can, at any time receive a referral which requires a risk assessment be completed within 72 hours. The existing rule could result in very dangerous individuals not being subject to a civil commitment petition, thereby placing members of the public at imminent risk of great harm.

REASON FOR CONCLUDING THAT THE PROCEDURE IS FAIR UNDER THE CIRCUMSTANCES: The Department’s commitment recommendation is just the first step in the civil commitment process. Any individual impacted by the change in the recommendation procedure will still have the full due process protections of a civil commitment trial and appeal.

SUMMARY: The emergency rule amends Rule 65E-25.003 to delete paragraph (2), which provides specific limitations on the multidisciplinary team’s ability to recommend civil commitment under Section 394.913, Florida Statutes.

THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS: Kristin Kanner, [phone]

 

THE FULL TEXT OF THE EMERGENCY RULE IS:

 

65EER14-1 (65E-25.003) Criteria for Recommendation that Involuntary Civil Commitment Petition be Filed.

(1) The multidisciplinary team may not determine that an individual meets criteria for involuntary civil commitment as a sexually violent predator unless the team concludes that the individual satisfies the provisions of Section 394.912(10), F.S. (2000).

(2) The multidisciplinary team may not determine that an individual meets criteria if the individual has never been charged with a sexually violent offense involving physical contact with a victim unless:

(a) The record reflects a non-contact sexually motivated offense that is of a predatory nature, or

(b) The record reflects at least two charges of non-contact offenses involving sexual acts in the presence of a child, and the record evidences an escalation in severity of offenses such that the multidisciplinary team concludes that there is a reasonable probability that future sexual offenses will involve physical contact with the victim.

The presence of either factor listed in (a) or (b) of this subsection above does not mandate a conclusion that the referred individual meets statutory criteria as a sexually violent predator.

(2)(3) An individual cannot be considered to meet the criteria for involuntary civil commitment as a sexually violent predator if the individual’s propensity to commit sexually violent offenses is wholly attributable to a “mental illness” as defined in Section 394.455, F.S. (2000).

(3)(4) An individual cannot be considered to meet the criteria for involuntary civil commitment as a sexually violent predator if the individual’s propensity to commit sexually violent offenses is wholly attributable to “retardation” or “autism” as defined in Section 393.063, F.S.

Rulemaking Authority 394.930(3) FS. Law Implemented 394.913 FS. History–New 10-7-01, Amended 2-6-14.

 

THIS RULE TAKES EFFECT UPON BEING FILED WITH THE DEPARTMENT OF STATE UNLESS A LATER TIME AND DATE IS SPECIFIED IN THE RULE.

EFFECTIVE DATE: February 6, 2014