Specify criteria for a clinical determination an individual may be civilly committed under chapter 394, part V, Florida Statutes, and identify the factors which impact that clinical determination.  

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    DEPARTMENT OF CHILDREN AND FAMILY SERVICES

    Mental Health Program

    RULE NO.:RULE TITLE:

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

    PURPOSE AND EFFECT: Specify criteria for a clinical determination an individual may be civilly committed under chapter 394, part V, Florida Statutes, and identify the factors which impact that clinical determination.

    SUMMARY: The proposed rule delineates the criteria which must be met in order for the multidisciplinary team to conclude an individual should be referred to the appropriate state attorney for civil commitment under chapter 394, part V, Florida Statutes. It identifies specific factors which are clinically significant in conducting risk assessments under the act, and requires the multidisciplinary team to address each of the factors present in each specific referral.

    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: This rule affects only the deliberations of the multidisciplinary teams convened under section 394.913, Florida Statutes, to perform a risk assessment of persons referred to the Department for consideration for involuntary civil commitment under chapter 394, part V, Florida Statutes. The rule is not a regulatory rule, imposes no regulatory costs, and does not impact small business.

    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 FS.

    LAW IMPLEMENTED: 394.930; 394.913 FS.

    IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

    DATE AND TIME: May 12, 2014, 2:00 p.m.

    PLACE: Conference Room A, Second Floor, Building 6 DCF 1317 Winewood Ave. Tallahassee, FL 32399

    THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Kristin Kanner, Director, Sexually Violent Predator Program, Department of Children and Families, 1317 Winewood Blvd., Tallahassee, FL 32399

     

    THE FULL TEXT OF THE PROPOSED RULE IS:

     

    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).

    (1)(2) In order for the The multidisciplinary team to conclude a referred individual meets criteria for civil commitment, the individual’s history must include specific clinically-relevant information which suggests the individual: 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) Has a propensity to engage in acts defined as sexually violent offenses in Section 394.912, F.S.; The record reflects a non-contact sexually motivated offense that is of a predatory nature, or

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

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

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

    (a) Self reported intention or desire to commit a sexually violent offense;

    (b) Recent behavior suggestive of sexually violent offending;

    (c) Offenses with a sexual component;

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

    (e) Victims of sexual behaviors;

    (f) Predatory behavior;

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

    (h) Abduction/attempted abduction of a stranger child;

    The multidisciplinary team may consider additional factors which the team determines to be clinically significant to an individual’s risk to reoffend.

    (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).

    (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 “intellectual disability” “retardation” or “autism” as defined in Section 393.063, F.S.

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

     

    NAME OF PERSON ORIGINATING PROPOSED RULE: Kristin Kanner, Director, Sexually Violent Predator Program

    NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Esther Jacobo, Interim Secretary

    DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 11, 2014

    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: Esther Jacobo, Interim Secretary

     

Document Information

Comments Open:
4/21/2014
Summary:
The proposed rule delineates the criteria which must be met in order for the multidisciplinary team to conclude an individual should be referred to the appropriate state attorney for civil commitment under chapter 394, part V, Florida Statutes. It identifies specific factors which are clinically significant in conducting risk assessments under the act, and requires the multidisciplinary team to address each of the factors present in each specific referral.
Purpose:
Specify criteria for a clinical determination an individual may be civilly committed under chapter 394, part V, Florida Statutes, and identify the factors which impact that clinical determination.
Rulemaking Authority:
Section 394.930(3), F.S.
Law:
Sections 394.930(3); 394.913, F.S.
Contact:
Kristin Kanner, Director, Sexually Violent Predator Program, Department of Children and Families 1317 Winewood Blvd. Tallahassee, FL 32399
Related Rules: (1)
65E-25.003. Criteria for Recommendation that Involuntary Civil Commitment Petition be Filed