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

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

(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), are met, the clinical evaluation(s) prepared by the 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-reported evidence of  sexual deviance or personality disorder;

(e) Victims of sexual behaviors;

(f) Predatory behavior;

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

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

(i) Other factors determined to be clinically significant to a person’s risk to reoffend.

(3) A person will not be considered to meet the criteria for involuntary civil commitment as a sexually violent predator if the person’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 be considered to meet the criteria for involuntary civil commitment as a sexually violent predator if the person’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, 4-19-21.