The Department intends to amend rule chapter 65E-25, F.A.C., to align them with current law and practice. The rules have not been amended since they were adopted in 2001.

 

DEPARTMENT OF CHILDREN AND FAMILIES

Mental Health Program

RULE NOS.:RULE TITLES:

65E-25.001Assessment and Evaluation Procedures

65E-25.002Education and Training Requirements for Multidisciplinary Team Members

65E-25.003Criteria for Recommendation that Involuntary Civil Commitment Petition be Filed

65E-25.005Basic Treatment Plan Components

65E-25.006Notification of Examination

PURPOSE AND EFFECT: The Department intends to amend rule chapter 65E-25, F.A.C., to align them with current law and practice. The rules have not been amended since they were adopted in 2001.

SUMMARY: The amendments accomplish the following: (1) Align language to current law; (2) Remove incorporated assessment instrument and replace with an actuarial tool; (3) Add language regarding what the Department will consider when determining whether to accept other relevant experience in lieu of the required training and assessment experience; (4) Replace the term “individual” with the term “person;” and (5) Replace the term “written statement” with the term “consent form.”

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The Department used a checklist to conduct an economic analysis and determine if there is an adverse impact or regulatory costs associated with this rule that exceeds the criteria in section 120.541(2)(a), F.S. Based upon this analysis, the Department has determined that the proposed rule is not expected to require legislative ratification.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 394.930, F.S.

LAW IMPLEMENTED: 394.913, 394.9135, 394.9155, 394.930, F.S.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Jodi Abramowitz. Jodi can be reached at [phone] or [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

65E-25.001 Assessment and Evaluation Procedures.

(1) There shall be an initial assessment of every person individual referred to the Department of Children and Families (Department) for possible commitment as a sSexually vViolent pPredator Program (SVPP). The initial assessment shall consist of a record review by no fewer than two licensed psychologists or psychiatrists or one licensed psychologist and one licensed psychiatrist with experience in or relevant to the evaluation or treatment of persons with mental abnormalities, as defined in Section 394.912(5), F.S. Records reviewed shall, at a minimum, consist of the person’s a referred individual’s criminal and institutional background and treatment history, if any, provided with the referral by the Department of Corrections, Department of Juvenile Justice, or the Department pursuant to of Children and Family Services under Section 394.913(2), F.S.

(2)(a) A clinical evaluation shall be conducted on persons referred individuals who may meet the statutory criteria for commitment as sexually violent predators as determined by the initial assessment. At least one licensed psychologist or psychiatrist with experience in or relevant to the evaluation or treatment of persons with mental abnormalities shall perform a clinical evaluation, which shall include, at a minimum, a review of all records considered during the initial assessment, and a personal interview of the person referred individual if the person individual consents to the interview. The psychologist(s) or psychiatrist(s) who perform the clinical evaluation shall be different from the psychologist(s) or psychiatrist(s) who conducted the initial assessment.

(b) The evaluator’s clinical opinion shall be the product of clinical judgement guided by the application of assessment instruments helpful in the prediction of sexual offender recidivism. Each clinical evaluation shall include the use of an actuarial tool, when applicable. Static 99, if sufficient information is available to score that instrument. Evaluators may, in addition to the Static 99, use other assessment instruments as appropriate. The clinical evaluation shall result in a written report that addresses, at a minimum, whether the person evaluated individual suffers from a mental abnormality or personality disorder that makes the person likely to engage in acts of sexual violence if not confined in a secure facility for long-term control, care, and treatment.

(3) The multidisciplinary team shall consist of:

(a) The licensed psychologist(s) or psychiatrist(s) who conducted conduct the initial assessment or who reviewed review the complete assessment and evaluation file;, and,

(b) if a clinical evaluation is conducted, Tthe licensed psychologist(s) or psychiatrist(s) who performed perform the clinical evaluation shall constitute the multidisciplinary team.

(4) The department must recommend that the state attorney file a petition for civil commitment if at least two members of the multidisciplinary team determine that the person meets the definition of a sexually violent predator. The multidisciplinary team does not have to be unanimous in its determination that an individual meets criteria for involuntary civil commitment as a sexually violent predator in order for the Department to recommend to a state attorney that a commitment petition be filed. A majority of the members of the multidisciplinary team the conclusion reported by the team. At least one member of the multidisciplinary team who performed a clinical evaluation must conclude that the individual meets commitment criteria in order to support a multidisciplinary team conclusion that an individual meets the criteria for commitment.

(5)(4) The Department’s recommendation to the state attorney of whether or not to file a petition shall be based upon the multidisciplinary team report. In the event the Department, or a member of the multidisciplinary team, receives additional information concerning a person referred individual after the recommendation is provided to the state attorney, the Department must provide the additional information to all the members of the multidisciplinary team who participated in the assessment and evaluation of that individual. Each member of the team must review the additional information and indicate whether the additional information alters his or her conclusion as to whether or not the person referred individual meets commitment criteria. If the conclusion of the multidisciplinary team is revised as a result of the additional information, the Department will submit a revised recommendation to the state attorney.

Rulemaking Authority 394.930 FS. Law Implemented 394.913, 394.9135 FS. History–New 10-7-01. Amended____.

 

65E-25.002 Education and Training Requirements for Multidisciplinary Team Members.

Multidisciplinary team members must be licensed psychologists or psychiatrists with a minimum of one year’s year experience in the assessment or treatment of sex offenders. The Department may accept other relevant experience in lieu of the one year of sex offender assessment or treatment experience. In determining whether to accept other experience in lieu of one year of sex offender assessment and treatment, the Department will consider the forensic experience and training the potential team member has in the assessment or treatment of individuals who offend sexually.  Prior to participating in risk assessments as a member of the multidisciplinary team, the licensed psychologist or psychiatrist must have attended training in the use and scoring of the Static 99. Multidisciplinary team members must earn a minimum of 24 hours of continuing education credit biannually in the assessment or treatment of sex offenders.

Rulemaking Authority 394.930 FS. Law Implemented 394.913, 394.930 FS. History–New 10-7-01. Amended___.

 

65E-25.003 Criteria for Recommendation that Involuntary Civil Commitment Petition be Filed.

(1) In order for the multidisciplinary team to conclude a person referred individual meets criteria for civil commitment, the person’s individual’s history must include specific clinically-relevant information which suggests the person individual:

(a) Has a propensity to engage in acts of sexual violence defined as sexually violent offenses in Section 394.912, F.S.;

(b) Is likely to commit future sexually violent offenses if not confined in a secure residential facility; and,

(c) Is likely to commit future sexually violent offenses if returned to the community without having received long-term treatment and care.

(2) In determining whether the criteria in subsection (1)(2), are met, the clinical evaluation(s) prepared by the multidisciplinary team members must address the following factors, if present:

(a) through (c) No change.

(d) Behavior or self-reported self-report evidence of  sexual deviance or personality disorder;

(e) through (f) No change.

(g) Physical force or threats thereof in the course of a sexually violent offense; and,

(h) Abduction/ or attempted abduction of a stranger child unknown to the offender; and

(i) Other The multidisciplinary team may consider additional factors determined which the team determines to be clinically significant to a person’s an individual’s risk to reoffend.

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

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

Rulemaking Authority 394.930 FS. Law Implemented 394.913, 394.9135, 394.930 FS. History–New 10-7-01, Amended 8-7-14,    ---------.

 

65E-25.005 Basic Treatment Plan Components.

(1) The treatment program for persons individuals involuntarily committed to the Department shall be a cognitive-behavioral therapy and relapse prevention program tailored to meet the needs of each committed person individual. Each committed person All committed individuals must receive a comprehensive assessment that will permit the development of an individualized treatment plan.

(2) The treatment program shall consist of a series of hierarchically advancing stages of treatment and rehabilitation. The program must afford group and, where indicated, individual counseling directed toward sex offender-specific issues, as well as substance abuse and general psychological issues. In addition to structured counseling activities, the program must offer vocational therapy and therapeutic recreational activities.

(3) through (4) No change.

(5) At least annually, each committed person individual shall have his treatment plan and progress reviewed by the primary treating clinician and the clinical director or his or her licensed psychologist/psychiatrist designee. A status report shall be prepared and included in the clinical file, with notation of any adjustments made in the person’s individual’s treatment plan as a result of the review.

Rulemaking Authority 394.930 FS. Law Implemented 394.930 FS. History–New 10-7-01. Amended_____.

 

65E-25.006 Notification of Examination.

(1) Prior to conducting a personal interview of a potential sexually violent predator, the person individual to be interviewed must be informed of the following: that he or she

(a) That the person is the subject of a clinical evaluation which, together with review of pertinent records, will enable the State to formulate an opinion as to whether the person individual meets statutory criteria as a sexually violent predator;.

(b) That the person The individual must be informed that he may decline to be interviewed, and, that if declined he does, the clinical evaluation will consist of a record review only; and.

(c) The individual must be informed Tthat the evaluation will result in a written report that will be considered by the State in reaching a determination as to whether to recommend to the state attorney that an involuntary commitment petition be filed.

(2) This information must be orally explained to the individual and should, if practicable, The person will be provided with a consent form to be provided to the individual in a written statement that the individual may sign indicating an his or her understanding of the information provided pursuant to subsection (1). notification.

(a) If the person individual refuses to sign the consent form written statement, the evaluator should so indicate on the written statement and sign and date it.

(b) In the event that it is not practicable to provide the person the consent form individual a written statement and obtain a signature, the evaluator should so indicate on the consent form written statement with a brief explanation of why the consent form written statement could not be provided and sign and date it.

Rulemaking Authority 394.930 FS. Law Implemented 394.913, 394.9155, 394.930 FS. History–New 10-7-01. Amended____.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Kristen Kanner

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Chad Poppell

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 19, 2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: February 26, 2021