June 24, 2019
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       Florida Senate - 2010                                    SB 1140
       
       
       
       By Senator Fasano
       
       
       
       
       11-00502C-10                                          20101140__
    1                        A bill to be entitled                      
    2         An act relating to mental health; creating s.
    3         394.4656, F.S.; creating the Community Mental Health
    4         and Substance Abuse Treatment and Crime Reduction Act;
    5         providing legislative findings and intent; providing
    6         goals for the community mental health and substance
    7         abuse forensic treatment system; defining terms;
    8         requiring the Department of Children and Family
    9         Services, in consultation with the Agency for Health
   10         Care Administration, to develop and implement a
   11         community mental health and substance abuse forensic
   12         treatment system; providing initiatives and strategies
   13         for the community forensic system; detailing the
   14         services to be provided in the community forensic
   15         system; setting forth the eligibility criteria for
   16         treatment in the system; authorizing the department,
   17         within available resources, to develop a continuum of
   18         services to implement the Community Mental Health and
   19         Substance Abuse Treatment and Crime Reduction Act;
   20         amending s. 394.655, F.S.; providing additional
   21         functions of the Criminal Justice, Mental Health, and
   22         Substance Abuse Policy Council; amending s. 394.656,
   23         F.S.; requiring the department and the agency to
   24         cooperate with counties that receive grant funding
   25         under the Criminal Justice, Mental Health, and
   26         Substance Abuse Reinvestment Grant Program; amending
   27         s. 394.657, F.S.; requiring county planning councils
   28         to consult with local governmental bodies when
   29         planning or implementing the Community Mental Health
   30         and Substance Abuse Treatment and Crime Reduction Act;
   31         amending s. 409.906, F.S.; adding home and community
   32         based mental health services to the optional Medicaid
   33         services offered by the state Medicaid program;
   34         amending s. 409.912, F.S.; exempting persons who have
   35         serious and persistent mental illnesses and who are
   36         receiving services under the Community Mental Health
   37         and Substance Abuse Treatment and Crime Reduction Act
   38         from MediPass and managed care plans; amending s.
   39         916.106, F.S.; defining the terms “acquittee” and
   40         “conditional releasee”; amending s. 916.107, F.S.;
   41         specifying treatment procedures for a client or
   42         conditional releasee admitted to a state forensic
   43         mental health treatment facility who lacks the
   44         capacity to make an informed decision regarding mental
   45         health treatment at the time of admission; amending s.
   46         916.111, F.S.; providing for forensic evaluator
   47         training for mental health experts; amending s.
   48         916.115, F.S.; providing, to the extent possible, that
   49         court-appointed experts be a psychiatrist or a
   50         licensed psychologist; requiring the Department of
   51         Children and Family Services to maintain and annually
   52         provide the courts with a forensic evaluator registry;
   53         amending s. 916.13, F.S.; providing timeframes for
   54         competency hearings to be held; amending s. 916.15,
   55         F.S.; providing timeframes for commitment hearings to
   56         be held; amending s. 916.17, F.S.; requiring that
   57         certain defendants or acquittees be placed in a
   58         community residential facility for competency
   59         restoration in demonstration areas established under
   60         the Community Mental Health and Substance Abuse
   61         Treatment and Crime Reduction Act; providing
   62         exceptions; amending s. 985.19, F.S.; authorizing the
   63         Department of Children and Family Services to develop
   64         or contract for the training of mental health
   65         professionals performing forensic evaluations, for
   66         standardizing the protocols, procedures, criteria
   67         used, and evaluating the program; revising
   68         requirements relating to the forensic evaluator
   69         training program that appointed experts must complete;
   70         providing an effective date.
   71  
   72  Be It Enacted by the Legislature of the State of Florida:
   73  
   74         Section 1. Section 394.4656, Florida Statutes, is created
   75  to read:
   76         394.4656Community Mental Health and Substance Abuse
   77  Treatment and Crime Reduction Act.—
   78         (1)LEGISLATIVE FINDINGS AND INTENT.—The Legislature finds
   79  that many jail inmates who have serious mental illnesses and who
   80  are committed to state forensic mental health treatment
   81  facilities for competency restoration could be served more
   82  effectively and at less cost in community-based alternative
   83  programs. The Legislature further finds that many people who
   84  have serious mental illnesses and who have been discharged from
   85  state forensic mental health treatment facilities could avoid
   86  recidivism to the criminal justice and forensic mental health
   87  systems if they received specialized treatment in the community.
   88  Therefore, it is the intent of the Legislature to create the
   89  Community Mental Health and Substance Abuse Treatment and Crime
   90  Reduction Act to serve individuals who have mental illnesses or
   91  co-occurring mental illnesses and substance abuse disorders and
   92  who are involved in or at risk of entering state forensic mental
   93  health treatment facilities, prisons, jails, juvenile justice
   94  centers, or state civil mental health treatment facilities.
   95         (2)GOALS.—The goals of the community mental health and
   96  substance abuse forensic treatment system are to:
   97         (a)Ensure public safety.
   98         (b)Ensure that services to restore forensic competency are
   99  provided in the least restrictive, least costly, and most
  100  effective environment.
  101         (c)Provide competency-restoration services in the
  102  community if appropriate, based on consideration of public
  103  safety, needs of the individual, and available resources.
  104         (d)Reduce admissions for competency restoration to state
  105  forensic mental health treatment facilities.
  106         (e)Reduce rates of arrest, incarceration, and
  107  reincarceration.
  108         (f)Increase outreach and services to individuals at risk
  109  for involvement in the criminal justice, juvenile justice, or
  110  forensic mental health systems.
  111         (g)Support collaboration among state and local
  112  stakeholders, including law enforcement agencies, courts, state
  113  agencies, jails, county governments, service providers,
  114  individuals with mental illnesses or co-occurring mental
  115  illnesses and substance abuse disorders, family members,
  116  advocates, and other community members.
  117         (3)DEFINITIONS.—As used in this section, the term:
  118         (a)“Agency” means the Agency for Health Care
  119  Administration.
  120         (b)“Best practices” means treatment services that
  121  incorporate the most effective and acceptable interventions
  122  available in the care and treatment of individuals who are
  123  diagnosed as having a mental illness or a co-occurring mental
  124  illness and substance abuse disorder.
  125         (c)“Community forensic system” means the community mental
  126  health and substance abuse forensic treatment system, including
  127  the comprehensive set of services and supports provided to
  128  individuals involved in or at risk of becoming involved in the
  129  criminal justice system.
  130         (d)“Community residential facility” means a community
  131  based residential treatment setting licensed by the agency under
  132  s. 394.875 or s. 429.075, or by the department under chapter
  133  397.
  134         (e)“Evidence-based practices” means interventions and
  135  strategies that, based on the best available empirical research,
  136  demonstrate effective and efficient outcomes in the care and
  137  treatment of individuals who are diagnosed as having mental
  138  illnesses or co-occurring mental illnesses and substance abuse
  139  disorders.
  140         (f)“Forensic intensive care management” means activities
  141  addressing the comprehensive psychiatric, social, and support
  142  needs of individuals who are diagnosed as having serious and
  143  persistent mental illnesses, co-occurring disorders, or severe
  144  emotional disturbances, and who are involved in the criminal
  145  justice system and receiving services under this section.
  146  Activities include, but are not limited to, service planning,
  147  service coordination, monitoring, and assistance with accessing
  148  federal, state, and local benefits necessary to sustain a person
  149  in the community.
  150         (g)“Geographic area” means a county, circuit, regional, or
  151  multiregional area in this state.
  152         (4)SERVICE SYSTEM.—The department, in consultation with
  153  the agency, may develop and implement a community mental health
  154  and substance abuse forensic treatment system. The system must
  155  build on local community diversion and reentry initiatives and
  156  strategies that are consistent with those identified and
  157  supported under s. 394.658(1), or with geographic areas that
  158  have a community-based diversion program.
  159         (a)The community forensic system initiatives and
  160  strategies may include, but are not limited to:
  161         1.Mental health courts.
  162         2.Diversion programs.
  163         3.Alternative prosecution and sentencing techniques.
  164         4.Crisis intervention teams.
  165         5.Specialized training for criminal justice, juvenile
  166  justice, and treatment services professionals.
  167         6.Specialized probation officers at the state and county
  168  levels to serve individuals under correctional control in the
  169  community.
  170         7.Collateral services such as supported, transitional, and
  171  permanent housing and supported employment.
  172         8.Reentry services to create or expand mental health and
  173  co-occurring treatment and supports for affected individuals.
  174         (b)The community forensic system must include a
  175  comprehensive continuum of care and services that use evidence
  176  based and best practices to address co-occurring mental health
  177  and substance abuse disorders, including the following minimum
  178  services and elements:
  179         1.Competency-restoration and treatment services provided
  180  in a variety of settings from least restrictive to progressively
  181  more restrictive settings.
  182         2.Forensic intensive care management.
  183         3.Supported housing.
  184         4.Supported employment.
  185         5.Medication management.
  186         6.Trauma-specific services for treatment of the effects of
  187  sexual, physical, and emotional abuse or trauma experienced by
  188  individuals who have mental illnesses and are involved in the
  189  criminal justice system.
  190         7.Residential services to address crisis episodes and
  191  short-term residential treatment.
  192         8.Treatment for co-occurring mental health and substance
  193  abuse disorders.
  194         9.Outreach and education for individuals and their
  195  families who are at risk of further involvement with the justice
  196  system.
  197         10.Involuntary outpatient placement for individuals
  198  meeting the criteria as provided under s. 394.4655 and
  199  conditional release for individuals adjudicated incompetent to
  200  proceed due to mental illness or not guilty by reason of
  201  insanity as provided under s. 916.17.
  202         11.Secure residential placement for initial service
  203  delivery and stabilization.
  204         12.Other services or supports as identified.
  205         (5)ELIGIBILITY.—Initial implementation is limited to
  206  adults who are adjudicated incompetent to proceed or not guilty
  207  by reason of insanity under chapter 916, whose current most
  208  serious charge is a felony of the third degree or a felony of
  209  the second degree if the felony did not involve violence, who
  210  meet public safety criteria established by the court and
  211  treatability criteria established by the department for
  212  placement in a community setting, and who otherwise would be
  213  admitted to a state mental health treatment facility. Contingent
  214  upon legislative approval, the department may serve:
  215         (a)Adults who experience serious and persistent mental
  216  illnesses reentering the community from state prisons.
  217         (b)Adults who have been committed to a state forensic
  218  mental health treatment facility after being adjudicated
  219  incompetent to proceed or not guilty by reason of insanity, and
  220  who are released or who are pending release to the community by
  221  the court after completing competency restoration services or
  222  being found to no longer meet the criteria for continued
  223  commitment.
  224         (c)Adults who experience serious and persistent mental
  225  illnesses, who have a history of involvement in the justice
  226  system, or who are at risk of entering or who are already
  227  involved with the criminal justice system.
  228         (d)Children deemed incompetent to proceed under s. 985.19.
  229         (6)DEPARTMENT RESPONSIBILITIES.—The department may develop
  230  a continuum of services to administer this section in accordance
  231  with subsection (4). The department may:
  232         (a)Define requirements for all providers in the community
  233  forensic system.
  234         (b)Implement demonstration sites for participation, based
  235  on criteria in subsection (7), which demonstrate active and
  236  sustained participation in community collaborations.
  237         (c)Enter into memoranda of agreement with county planning
  238  councils or committees that are identified pursuant to s.
  239  394.657 and participated in the criminal justice, mental health,
  240  and substance abuse reinvestment grant program pursuant to s.
  241  394.656, or with a community-based diversion program.
  242         (d)Identify providers to implement the continuum of
  243  services. The department shall consult with county planning
  244  councils or committees in the selection process.
  245         (e)Establish performance measures and reporting
  246  requirements for providers participating in the community
  247  forensic system. The measures shall include, at a minimum:
  248         1.The number of individuals diverted from state forensic
  249  mental health treatment facilities.
  250         2.The number of individuals diverted from the criminal
  251  justice system.
  252         3.The rates of arrest, incarceration, and reincarceration
  253  for new criminal offenses.
  254         4.The rates of employment.
  255         5.The annual number of days in a crisis stabilization
  256  unit, detoxification facility, short-term residential treatment
  257  program, state civil mental health treatment facility, or state
  258  forensic mental health treatment facility.
  259         (f)Monitor contracts for compliance with terms and assess
  260  performance under contracts and provide an annual report by
  261  October 1 to the Governor, the President of the Senate, the
  262  Speaker of the House of Representatives, the Chief Justice of
  263  the Supreme Court, and the State Courts Administrator on the
  264  implementation status of the Community Mental Health and
  265  Substance Abuse Treatment and Crime Reduction Act.
  266         (7)IMPLEMENTATION.—The department may implement this
  267  section within available resources. In expectation of statewide
  268  implementation of this section, the department, in consultation
  269  with the agency, may identify geographic areas of the state for
  270  initial implementation of the pilot program sites. Future
  271  expansion shall be based on findings of community readiness and
  272  the potential for affecting the greatest number of individuals
  273  entering the forensic mental health and criminal justice
  274  systems. Criteria for selection may include:
  275         (a)Community readiness to deliver the services outlined in
  276  subsection (4), demonstrated by well-established community
  277  collaboration plans and local partnerships as evidenced by
  278  memoranda of agreement that are submitted to and approved by the
  279  department.
  280         (b)A high bed-utilization rate at state forensic mental
  281  health treatment facilities.
  282         (c)Successful application for implementation grant funding
  283  under the Criminal Justice, Mental Health, and Substance Abuse
  284  Reinvestment Grant Program.
  285         (d)Other elements determined by the department in
  286  consultation with the agency.
  287         Section 2. Paragraph (b) of subsection (11) of section
  288  394.655, Florida Statutes, is amended to read:
  289         394.655 The Substance Abuse and Mental Health Corporation;
  290  powers and duties; composition; evaluation and reporting
  291  requirements.—
  292         (11)(b) The purpose of the council shall be to:
  293         1. Align policy initiatives in the criminal justice,
  294  juvenile justice, and mental health, and substance abuse systems
  295  to ensure the most effective use of resources and to coordinate
  296  the development of legislative proposals and budget requests
  297  relating to the shared needs of adults and juveniles who have a
  298  mental illness, substance abuse disorder, or co-occurring mental
  299  health and substance abuse disorders who are in, or at risk of
  300  entering, the criminal justice system.
  301         2.Provide consultation in the development of comprehensive
  302  and cost-effective community-based mental health and substance
  303  abuse treatment services for individuals who have mental
  304  illnesses and who are receiving services in state forensic
  305  mental health treatment facilities, juvenile secure residential
  306  treatment centers specializing in competency training, prisons,
  307  jails, and juvenile justice centers.
  308         Section 3. Subsection (1) of section 394.656, Florida
  309  Statutes, is amended to read:
  310         394.656 Criminal Justice, Mental Health, and Substance
  311  Abuse Reinvestment Grant Program.—
  312         (1) There is created within the Department of Children and
  313  Family Services the Criminal Justice, Mental Health, and
  314  Substance Abuse Reinvestment Grant Program. The purpose of the
  315  program is to provide funding to counties to with which they can
  316  plan, implement, or expand initiatives that increase public
  317  safety, avert increased spending on criminal justice, and
  318  improve the accessibility and effectiveness of treatment
  319  services for adults and juveniles who have a mental illness,
  320  substance abuse disorder, or co-occurring mental health and
  321  substance abuse disorders and who are in, or at risk of
  322  entering, the criminal or juvenile justice systems. In
  323  implementing the Community Mental Health and Substance Abuse
  324  Treatment and Crime Reduction Act, the department and agency
  325  shall work in coordination with counties that received grants
  326  under the program or a community-based diversion program.
  327         Section 4. Subsection (1) of section 394.657, Florida
  328  Statutes, is amended to read:
  329         394.657 County planning councils or committees.—
  330         (1) Each board of county commissioners shall designate the
  331  county public safety coordinating council established under s.
  332  951.26, or designate another criminal or juvenile justice mental
  333  health and substance abuse council or committee, as the planning
  334  council or committee. The public safety coordinating council or
  335  other designated criminal or juvenile justice mental health and
  336  substance abuse council or committee shall:,
  337         (a)Coordinate in coordination with the county offices of
  338  planning and budget to, shall make a formal recommendation to
  339  the board of county commissioners regarding how the Criminal
  340  Justice, Mental Health, and Substance Abuse Reinvestment Grant
  341  Program may best be implemented within a community. The board of
  342  county commissioners may assign any entity to prepare the
  343  application on behalf of the county administration for
  344  submission to the corporation for review. A county may join with
  345  one or more counties to form a consortium and use a regional
  346  public safety coordinating council or another county-designated
  347  regional criminal or juvenile justice mental health and
  348  substance abuse planning council or committee for the geographic
  349  area represented by the member counties.
  350         (b)Consult with local governing bodies when planning or
  351  implementing the Community Mental Health and Substance Abuse
  352  Treatment and Crime Reduction Act.
  353         Section 5. Subsection (28) is added to section 409.906,
  354  Florida Statutes, to read:
  355         409.906 Optional Medicaid services.—Subject to specific
  356  appropriations, the agency may make payments for services which
  357  are optional to the state under Title XIX of the Social Security
  358  Act and are furnished by Medicaid providers to recipients who
  359  are determined to be eligible on the dates on which the services
  360  were provided. Any optional service that is provided shall be
  361  provided only when medically necessary and in accordance with
  362  state and federal law. Optional services rendered by providers
  363  in mobile units to Medicaid recipients may be restricted or
  364  prohibited by the agency. Nothing in this section shall be
  365  construed to prevent or limit the agency from adjusting fees,
  366  reimbursement rates, lengths of stay, number of visits, or
  367  number of services, or making any other adjustments necessary to
  368  comply with the availability of moneys and any limitations or
  369  directions provided for in the General Appropriations Act or
  370  chapter 216. If necessary to safeguard the state’s systems of
  371  providing services to elderly and disabled persons and subject
  372  to the notice and review provisions of s. 216.177, the Governor
  373  may direct the Agency for Health Care Administration to amend
  374  the Medicaid state plan to delete the optional Medicaid service
  375  known as “Intermediate Care Facilities for the Developmentally
  376  Disabled.” Optional services may include:
  377         (28)HOME AND COMMUNITY-BASED SERVICES.—The agency,
  378  contingent upon appropriation of funds for this purpose, may
  379  seek federal approval through a state plan amendment to
  380  implement home and community-based services under the authority
  381  of and in compliance with s. 1915i of the Social Security Act
  382  for services provided to individuals who have been determined by
  383  an independent evaluation to have disabilities that cause them
  384  to become, or put them at risk of becoming, involved with the
  385  criminal justice system due to their mental illness. In
  386  accordance with allowances under s. 1915i of the Social Security
  387  Act, these services may be limited to a select number of
  388  eligible individuals in select geographic areas, as identified
  389  by the agency. Eligible individuals may have incomes up to 150
  390  percent of the federal poverty level. The agency shall
  391  coordinate with the department to select and define the services
  392  that will be submitted in the state plan amendment and provided
  393  under this subsection. The agency shall disenroll individuals
  394  receiving services under this subsection from MediPass or any
  395  capitated or other Medicaid-managed care arrangement. Enrollment
  396  in state plan services may not exceed 1,000 individuals unless
  397  additional approval is obtained from the Legislature. The agency
  398  must receive approval from the Legislature or Legislative Budget
  399  Commission for any funding beyond that provided within initial
  400  implementation revenues. After July 1, 2013, the agency may seek
  401  authority to capitate Medicaid behavioral health services under
  402  this subsection.
  403         Section 6. Subsection (54) is added to section 409.912,
  404  Florida Statutes, to read:
  405         409.912 Cost-effective purchasing of health care.—The
  406  agency shall purchase goods and services for Medicaid recipients
  407  in the most cost-effective manner consistent with the delivery
  408  of quality medical care. To ensure that medical services are
  409  effectively utilized, the agency may, in any case, require a
  410  confirmation or second physician’s opinion of the correct
  411  diagnosis for purposes of authorizing future services under the
  412  Medicaid program. This section does not restrict access to
  413  emergency services or poststabilization care services as defined
  414  in 42 C.F.R. part 438.114. Such confirmation or second opinion
  415  shall be rendered in a manner approved by the agency. The agency
  416  shall maximize the use of prepaid per capita and prepaid
  417  aggregate fixed-sum basis services when appropriate and other
  418  alternative service delivery and reimbursement methodologies,
  419  including competitive bidding pursuant to s. 287.057, designed
  420  to facilitate the cost-effective purchase of a case-managed
  421  continuum of care. The agency shall also require providers to
  422  minimize the exposure of recipients to the need for acute
  423  inpatient, custodial, and other institutional care and the
  424  inappropriate or unnecessary use of high-cost services. The
  425  agency shall contract with a vendor to monitor and evaluate the
  426  clinical practice patterns of providers in order to identify
  427  trends that are outside the normal practice patterns of a
  428  provider’s professional peers or the national guidelines of a
  429  provider’s professional association. The vendor must be able to
  430  provide information and counseling to a provider whose practice
  431  patterns are outside the norms, in consultation with the agency,
  432  to improve patient care and reduce inappropriate utilization.
  433  The agency may mandate prior authorization, drug therapy
  434  management, or disease management participation for certain
  435  populations of Medicaid beneficiaries, certain drug classes, or
  436  particular drugs to prevent fraud, abuse, overuse, and possible
  437  dangerous drug interactions. The Pharmaceutical and Therapeutics
  438  Committee shall make recommendations to the agency on drugs for
  439  which prior authorization is required. The agency shall inform
  440  the Pharmaceutical and Therapeutics Committee of its decisions
  441  regarding drugs subject to prior authorization. The agency is
  442  authorized to limit the entities it contracts with or enrolls as
  443  Medicaid providers by developing a provider network through
  444  provider credentialing. The agency may competitively bid single
  445  source-provider contracts if procurement of goods or services
  446  results in demonstrated cost savings to the state without
  447  limiting access to care. The agency may limit its network based
  448  on the assessment of beneficiary access to care, provider
  449  availability, provider quality standards, time and distance
  450  standards for access to care, the cultural competence of the
  451  provider network, demographic characteristics of Medicaid
  452  beneficiaries, practice and provider-to-beneficiary standards,
  453  appointment wait times, beneficiary use of services, provider
  454  turnover, provider profiling, provider licensure history,
  455  previous program integrity investigations and findings, peer
  456  review, provider Medicaid policy and billing compliance records,
  457  clinical and medical record audits, and other factors. Providers
  458  shall not be entitled to enrollment in the Medicaid provider
  459  network. The agency shall determine instances in which allowing
  460  Medicaid beneficiaries to purchase durable medical equipment and
  461  other goods is less expensive to the Medicaid program than long
  462  term rental of the equipment or goods. The agency may establish
  463  rules to facilitate purchases in lieu of long-term rentals in
  464  order to protect against fraud and abuse in the Medicaid program
  465  as defined in s. 409.913. The agency may seek federal waivers
  466  necessary to administer these policies.
  467         (54)Persons who have serious and persistent mental
  468  illnesses, who are receiving services under the Community Mental
  469  Health and Substance Abuse Treatment and Crime Reduction Act,
  470  and who are eligible for and receiving services under the state
  471  plan implemented under s. 1915i of the Social Security Act, as
  472  approved by the Centers for Medicare and Medicaid Services, are
  473  exempt from MediPass and managed care plans authorized under
  474  this chapter, including capitated managed care plans authorized
  475  under s. 409.91211.
  476         Section 7. Section 916.106, Florida Statutes, is amended to
  477  read:
  478         916.106 Definitions.—For the purposes of this chapter, the
  479  term:
  480         (1)“Acquittee” means a defendant who has been adjudicated
  481  not guilty by reason of insanity.
  482         (2)(1) “Agency” means the Agency for Persons with
  483  Disabilities. The agency is responsible for training forensic
  484  clients who are developmentally disabled due to mental
  485  retardation or autism and have been determined incompetent to
  486  proceed.
  487         (3)(2) “Autism” has the same meaning as in s. 393.063.
  488         (4)(3) “Chemical weapon” means any shell, cartridge, bomb,
  489  gun, or other device capable of emitting chloroacetophenone
  490  (CN), chlorobenzalmalononitrile (CS) or any derivatives thereof
  491  in any form, or any other agent with lacrimatory properties, and
  492  shall include products such as that commonly known as “mace.”
  493         (5)(4) “Civil facility” means:
  494         (a) A mental health facility established within the
  495  department or by contract with the department to serve
  496  individuals committed pursuant to chapter 394 and those
  497  defendants committed pursuant to this chapter who do not require
  498  the security provided in a forensic facility; or
  499         (b) An intermediate care facility for the developmentally
  500  disabled, a foster care facility, a group home facility, or a
  501  supported living setting, as defined in s. 393.063, designated
  502  by the agency to serve those defendants who do not require the
  503  security provided in a forensic facility.
  504         (6)“Conditional releasee” means a person placed on
  505  conditional release pursuant to s. 916.17.
  506         (7)(5) “Court” means the circuit court.
  507         (8)(6) “Defendant” means an adult, or a juvenile who is
  508  prosecuted as an adult, who has been arraigned and charged with
  509  a felony offense under the laws of this state.
  510         (9)(7) “Department” means the Department of Children and
  511  Family Services. The department is responsible for the treatment
  512  of forensic clients who have been determined incompetent to
  513  proceed due to mental illness or who have been acquitted of a
  514  felony by reason of insanity.
  515         (10)(8) “Express and informed consent” or “consent” means
  516  consent given voluntarily in writing after a conscientious and
  517  sufficient explanation and disclosure of the purpose of the
  518  proposed treatment, the common side effects of the treatment, if
  519  any, the expected duration of the treatment, and any alternative
  520  treatment available.
  521         (11)(9) “Forensic client” or “client” means any defendant
  522  who has been committed to the department or agency pursuant to
  523  s. 916.13, s. 916.15, or s. 916.302.
  524         (12)(10) “Forensic facility” means a separate and secure
  525  facility established within the department or agency to serve
  526  forensic clients. A separate and secure facility means a
  527  security-grade building for the purpose of separately housing
  528  persons who have mental illness from persons with retardation or
  529  autism and separately housing persons who have been
  530  involuntarily committed pursuant to this chapter from
  531  nonforensic residents.
  532         (13)(11) “Incompetent to proceed” means unable to proceed
  533  at any material stage of a criminal proceeding, which shall
  534  include trial of the case, pretrial hearings involving questions
  535  of fact on which the defendant might be expected to testify,
  536  entry of a plea, proceedings for violation of probation or
  537  violation of community control, sentencing, and hearings on
  538  issues regarding a defendant’s failure to comply with court
  539  orders or conditions or other matters in which the mental
  540  competence of the defendant is necessary for a just resolution
  541  of the issues being considered.
  542         (14)(12) “Institutional security personnel” means the staff
  543  of forensic facilities who meet or exceed the requirements of s.
  544  943.13 and who are responsible for providing security,
  545  protecting clients and personnel, enforcing rules, preventing
  546  and investigating unauthorized activities, and safeguarding the
  547  interests of citizens in the surrounding communities.
  548         (15)(13) “Mental illness” means an impairment of the
  549  emotional processes that exercise conscious control of one’s
  550  actions, or of the ability to perceive or understand reality,
  551  which impairment substantially interferes with a defendant’s
  552  ability to meet the ordinary demands of living. For the purposes
  553  of this chapter, the term does not apply to defendants with only
  554  mental retardation or autism and does not include intoxication
  555  or conditions manifested only by antisocial behavior or
  556  substance abuse impairment.
  557         (16)(14) “Restraint” means a physical device, method, or
  558  drug used to control dangerous behavior.
  559         (a) A physical restraint is any manual method or physical
  560  or mechanical device, material, or equipment attached or
  561  adjacent to a person’s body so that he or she cannot easily
  562  remove the restraint and that restricts freedom of movement or
  563  normal access to one’s body.
  564         (b) A drug used as a restraint is a medication used to
  565  control the person’s behavior or to restrict his or her freedom
  566  of movement and not part of the standard treatment regimen of
  567  the person with a diagnosed mental illness who is a client of
  568  the department. Physically holding a person during a procedure
  569  to forcibly administer psychotropic medication is a physical
  570  restraint.
  571         (c) Restraint does not include physical devices, such as
  572  orthopedically prescribed appliances, surgical dressings and
  573  bandages, supportive body bands, or other physical holding when
  574  necessary for routine physical examinations and tests; for
  575  purposes of orthopedic, surgical, or other similar medical
  576  treatment; when used to provide support for the achievement of
  577  functional body position or proper balance; or when used to
  578  protect a person from falling out of bed.
  579         (17)(15) “Retardation” has the same meaning as in s.
  580  393.063.
  581         (18)(16) “Seclusion” means the physical segregation of a
  582  person in any fashion or the involuntary isolation of a person
  583  in a room or area from which the person is prevented from
  584  leaving. The prevention may be by physical barrier or by a staff
  585  member who is acting in a manner, or who is physically situated,
  586  so as to prevent the person from leaving the room or area. For
  587  purposes of this chapter, the term does not mean isolation due
  588  to a person’s medical condition or symptoms, the confinement in
  589  a forensic facility to a bedroom or area during normal hours of
  590  sleep when there is not an active order for seclusion, or during
  591  an emergency such as a riot or hostage situation when clients
  592  may be temporarily placed in their rooms for their own safety.
  593         (19)(17) “Social service professional” means a person whose
  594  minimum qualifications include a bachelor’s degree and at least
  595  2 years of social work, clinical practice, special education,
  596  habilitation, or equivalent experience working directly with
  597  persons with retardation, autism, or other developmental
  598  disabilities.
  599         Section 8. Paragraph (a) of subsection (3) of section
  600  916.107, Florida Statutes, is amended to read:
  601         916.107 Rights of forensic clients.—
  602         (3) RIGHT TO EXPRESS AND INFORMED CONSENT.—
  603         (a) A forensic client or a person placed on conditional
  604  release pursuant to s. 916.17(2) who resides in a crisis
  605  stabilization unit or a short-term residential treatment
  606  facility shall be asked to give express and informed written
  607  consent for treatment. If a client refuses such treatment as is
  608  deemed necessary and essential by the client’s multidisciplinary
  609  treatment team for the appropriate care of the client, such
  610  treatment may be provided under the following circumstances:
  611         1. In an emergency situation in which there is immediate
  612  danger to the safety of the client, conditional releasee, or
  613  others, such treatment may be provided upon the written order of
  614  a physician for a period not to exceed 48 hours, excluding
  615  weekends and legal holidays. If, after the 48-hour period, the
  616  client or conditional releasee has not given express and
  617  informed consent to the treatment initially refused, the
  618  administrator or designee of the civil or forensic facility,
  619  crisis stabilization unit, or short-term residential treatment
  620  facility serving individuals placed on conditional release
  621  pursuant to s. 916.17(2) shall, within 48 hours, excluding
  622  weekends and legal holidays, petition the committing court or
  623  the circuit court serving the county in which the facility is
  624  located, at the option of the facility administrator or
  625  designee, for an order authorizing the continued treatment of
  626  the client or conditional releasee. In the interim, the need for
  627  treatment shall be reviewed every 48 hours and may be continued
  628  without the consent of the client or conditional releasee upon
  629  the continued written order of a physician who has determined
  630  that the emergency situation continues to present a danger to
  631  the safety of the client, conditional releasee, or others.
  632         2. In a situation other than an emergency situation, the
  633  administrator or designee of the civil or forensic facility,
  634  crisis stabilization unit, or short-term residential treatment
  635  facility shall petition the court for an order authorizing
  636  necessary and essential treatment for the client or conditional
  637  releasee.
  638         a.If the client has been receiving psychotherapeutic
  639  medication at the jail at the time of transfer to the state
  640  forensic mental health treatment facility and lacks the capacity
  641  to make an informed decision regarding mental health treatment
  642  at the time of admission, the admitting physician may order a
  643  continuation of the psychotherapeutic medication if, in the
  644  clinical judgment of the physician, abrupt cessation of the
  645  psychotherapeutic medication could cause a risk to the health
  646  and safety of the client during the time a court order to
  647  medicate is pursued. The jail physician shall provide a current
  648  psychotherapeutic medication order at the time of transfer to
  649  the state mental health treatment facility.
  650         b. The court order shall allow such treatment for up to a
  651  period not to exceed 90 days following the date of the entry of
  652  the order. Unless the court is notified in writing that the
  653  client or conditional releasee has provided express and informed
  654  consent in writing or that he or she the client has been
  655  discharged by the committing court, the administrator or
  656  designee shall, before prior to the expiration of the initial
  657  90-day order, petition the court for an order authorizing the
  658  continuation of treatment for another 90 days 90-day period.
  659  This procedure shall be repeated until the client or conditional
  660  releasee provides consent or is discharged by the committing
  661  court.
  662         3. At the hearing on the issue of whether the court should
  663  enter an order authorizing treatment for which a client or
  664  conditional releasee was unable to or refused to give express
  665  and informed consent, the court shall determine by clear and
  666  convincing evidence that the client or conditional releasee has
  667  mental illness, retardation, or autism, that the treatment not
  668  consented to is essential to his or her the care of the client,
  669  and that the treatment not consented to is not experimental and
  670  does not present an unreasonable risk of serious, hazardous, or
  671  irreversible side effects. In arriving at the substitute
  672  judgment decision, the court must consider at least the
  673  following factors:
  674         a. The individual’s client’s expressed preference regarding
  675  treatment;
  676         b. The probability of adverse side effects;
  677         c. The prognosis without treatment; and
  678         d. The prognosis with treatment.
  679  
  680  The hearing shall be as convenient to the client or conditional
  681  releasee as may be consistent with orderly procedure and shall
  682  be conducted in physical settings not likely to be injurious to
  683  his or her the client’s condition. The court may appoint a
  684  general or special magistrate to preside at the hearing. The
  685  client or conditional releasee or his or her the client’s
  686  guardian, and the representative, shall be provided with a copy
  687  of the petition and the date, time, and location of the hearing.
  688  The client or conditional releasee has the right to have an
  689  attorney represent him or her at the hearing, and, if the client
  690  or conditional releasee is indigent, the court shall appoint the
  691  office of the public defender to represent him or her the client
  692  at the hearing. The client or conditional releasee may testify
  693  or not, as he or she chooses, and has the right to cross-examine
  694  witnesses and may present his or her own witnesses.
  695         Section 9. Section 916.111, Florida Statutes, is amended to
  696  read:
  697         916.111 Training of mental health experts.—The evaluation
  698  of defendants for competency to proceed or for sanity at the
  699  time of the commission of the offense shall be conducted in such
  700  a way as to ensure uniform application of the criteria
  701  enumerated in Rules 3.210 and 3.216, Florida Rules of Criminal
  702  Procedure.
  703         (1)Appointed experts shall have completed forensic
  704  evaluator training as specified in this section.
  705         (2)A forensic evaluator training course approved by the
  706  department must be provided at least annually to ensure that
  707  mental health professionals have the opportunity to be placed on
  708  the department’s forensic evaluator registry.
  709         (a)Beginning July 1, 2011, experts shall remain on the
  710  registry if they have completed or retaken the required training
  711  course within the previous 5 years. Those who have not completed
  712  the training course must be removed from the registry and may
  713  not conduct evaluations for the courts.
  714         (b)A mental health professional who has completed the
  715  training course within the previous 5 years must maintain
  716  documentation of completion of the required training course and
  717  provide current contact information to the department.
  718         (3) The department shall develop, and may contract with
  719  accredited institutions:
  720         (a)(1) To provide:
  721         1.(a) A plan for training mental health professionals to
  722  perform forensic evaluations and to standardize the criteria and
  723  procedures to be used in these evaluations;
  724         2.(b) Clinical protocols and procedures based upon the
  725  criteria of Rules 3.210 and 3.216, Florida Rules of Criminal
  726  Procedure; and
  727         3.(c) Training for mental health professionals in the
  728  application of these protocols and procedures in performing
  729  forensic evaluations and providing reports to the courts; and
  730         (b)(2) To compile and maintain the necessary information
  731  for evaluating the success of this program, including the number
  732  of persons trained, the cost of operating the program, and the
  733  effect on the quality of forensic evaluations as measured by
  734  appropriateness of admissions to state forensic facilities and
  735  to community-based care programs.
  736         Section 10. Subsection (1) of section 916.115, Florida
  737  Statutes, is amended to read:
  738         916.115 Appointment of experts.—
  739         (1) The court shall appoint no more than three experts to
  740  determine the mental condition of a defendant in a criminal
  741  case, including competency to proceed, insanity, involuntary
  742  placement, and treatment. The experts may evaluate the defendant
  743  in jail or in another appropriate local facility or in a
  744  facility of the Department of Corrections.
  745         (a) To the extent possible, the appointed experts shall
  746  have completed forensic evaluator training approved by the
  747  department, and each shall be a psychiatrist or, licensed
  748  psychologist, or physician.
  749         (b) The department shall maintain and annually provide the
  750  courts with a forensic evaluator registry list of available
  751  mental health professionals who have completed the approved
  752  training as experts.
  753         Section 11. Section 916.13, Florida Statutes, is amended to
  754  read:
  755         916.13 Involuntary commitment of defendant adjudicated
  756  incompetent.—
  757         (1) Every defendant who is charged with a felony and who is
  758  adjudicated incompetent to proceed may be involuntarily
  759  committed for treatment upon a finding by the court of clear and
  760  convincing evidence that:
  761         (a) The defendant has a mental illness and because of the
  762  mental illness:
  763         1. The defendant is manifestly incapable of surviving alone
  764  or with the help of willing and responsible family or friends,
  765  including available alternative services, and, without
  766  treatment, the defendant is likely to suffer from neglect or
  767  refuse to care for herself or himself and such neglect or
  768  refusal poses a real and present threat of substantial harm to
  769  the defendant’s well-being; or
  770         2. There is a substantial likelihood that in the near
  771  future the defendant will inflict serious bodily harm on herself
  772  or himself or another person, as evidenced by recent behavior
  773  causing, attempting, or threatening such harm;
  774         (b) All available, less restrictive treatment alternatives,
  775  including treatment in community residential facilities or
  776  community inpatient or outpatient settings, which would offer an
  777  opportunity for improvement of the defendant’s condition have
  778  been judged to be inappropriate; and
  779         (c) There is a substantial probability that the mental
  780  illness causing the defendant’s incompetence will respond to
  781  treatment and the defendant will regain competency to proceed in
  782  the reasonably foreseeable future.
  783         (2) A defendant who has been charged with a felony and who
  784  has been adjudicated incompetent to proceed due to mental
  785  illness, and who meets the criteria for involuntary commitment
  786  to the department under the provisions of this chapter, may be
  787  committed to the department, and the department shall retain and
  788  treat the defendant.
  789         (a)Within No later than 6 months after the date of
  790  admission and at the end of any period of extended commitment,
  791  or at any time the administrator or designee has shall have
  792  determined that the defendant has regained competency to proceed
  793  or no longer meets the criteria for continued commitment, the
  794  administrator or designee shall file a report with the court
  795  pursuant to the applicable Florida Rules of Criminal Procedure.
  796         (b)A competency hearing must be held within 30 days after
  797  a court receives notification that the defendant is competent to
  798  proceed or no longer meets criteria for continued commitment.
  799         Section 12. Section 916.15, Florida Statutes, is amended to
  800  read:
  801         916.15 Involuntary commitment of an acquittee defendant
  802  adjudicated not guilty by reason of insanity.—
  803         (1) The determination of whether a defendant is not guilty
  804  by reason of insanity shall be determined in accordance with
  805  Rule 3.217, Florida Rules of Criminal Procedure.
  806         (2) An acquittee A defendant who is acquitted of criminal
  807  charges because of a finding of not guilty by reason of insanity
  808  may be involuntarily committed pursuant to such finding if the
  809  defendant has a mental illness and, because of the illness, is
  810  manifestly dangerous to himself or herself or others.
  811         (3) Every acquittee defendant acquitted of criminal charges
  812  by reason of insanity and found to meet the criteria for
  813  involuntary commitment may be committed and treated in
  814  accordance with the provisions of this section and the
  815  applicable Florida Rules of Criminal Procedure. The department
  816  shall admit an acquittee a defendant so adjudicated to an
  817  appropriate facility or program for treatment and shall retain
  818  and treat such acquittee defendant. No later than 6 months after
  819  the date of admission, prior to the end of any period of
  820  extended commitment, or at any time the administrator or
  821  designee shall have determined that the acquittee defendant no
  822  longer meets the criteria for continued commitment placement,
  823  the administrator or designee shall file a report with the court
  824  pursuant to the applicable Florida Rules of Criminal Procedure.
  825         (4)The commitment hearing must be held within 30 days
  826  after the court receives notification that the acquittee no
  827  longer meets the criteria for continued commitment placement.
  828         (5)(4) In all proceedings under this section, both the
  829  acquittee defendant and the state shall have the right to a
  830  hearing before the committing court. Evidence at such hearing
  831  may be presented by the hospital administrator or the
  832  administrator’s designee as well as by the state and the
  833  acquittee defendant. The acquittee has defendant shall have the
  834  right to counsel at any such hearing. In the event that an
  835  acquittee a defendant is determined to be indigent pursuant to
  836  s. 27.52, the public defender shall represent the acquittee
  837  defendant. The parties shall have access to the acquittee’s
  838  defendant’s records at the treating facilities and may interview
  839  or depose personnel who have had contact with the acquittee
  840  defendant at the treating facilities.
  841         Section 13. Section 916.17, Florida Statutes, is amended to
  842  read:
  843         916.17 Conditional release.—
  844         (1) Except for an inmate currently serving a prison
  845  sentence, the committing court may order a conditional release
  846  of any defendant or acquittee in lieu of an involuntary
  847  commitment to a facility pursuant to s. 916.13 or s. 916.15
  848  based upon an approved plan for providing appropriate outpatient
  849  care and treatment. Upon a recommendation that outpatient
  850  treatment of the defendant or acquittee is appropriate, a
  851  written plan for outpatient treatment, including recommendations
  852  from qualified professionals, must be filed with the court, with
  853  copies to all parties. Such a plan may also be submitted by the
  854  defendant or acquittee and filed with the court with copies to
  855  all parties. The plan shall include:
  856         (a) Special provisions for residential care or adequate
  857  supervision of the defendant or acquittee.
  858         (b) Provisions for outpatient mental health services.
  859         (c) If appropriate, recommendations for auxiliary services
  860  such as vocational training, educational services, or special
  861  medical care.
  862  
  863  In its order of conditional release, the court shall specify the
  864  conditions of release based upon the release plan and shall
  865  direct the appropriate agencies or persons to submit periodic
  866  reports to the court regarding the defendant’s or acquittee’s
  867  compliance with the conditions of the release and progress in
  868  treatment, with copies to all parties.
  869         (2)A defendant who otherwise meets the criteria for
  870  involuntary commitment under s. 916.13, but whose current most
  871  serious charge is a felony of the third degree or a felony of
  872  the second degree when the felony did not involve violence, must
  873  be placed in a community residential facility for competency
  874  restoration unless bed space or funding is unavailable for the
  875  community placement or the trial court makes an explicit finding
  876  that the defendant cannot be safely managed in such a placement.
  877  In making such finding, the court shall consider all of the
  878  following:
  879         (a)The nature and seriousness of the crime allegedly
  880  committed.
  881         (b)The individual’s criminal history.
  882         (c)The individual’s psychiatric history.
  883         (d)The individual’s history of violent behavior or threats
  884  of violent behavior and risk of harm to self or others.
  885         (e)The likelihood that the individual will comply with and
  886  benefit from the mental health treatment and services being
  887  recommended.
  888         (f)The availability of appropriate community-based
  889  services and treatment settings.
  890         (g)Other information considered relevant by the court.
  891         (3)(2) Upon the filing of an affidavit or statement under
  892  oath by any person that the defendant or acquittee has failed to
  893  comply with the conditions of release, that the defendant’s or
  894  acquittee’s condition has deteriorated to the point that
  895  inpatient care is required, or that the release conditions
  896  should be modified, the court shall hold a hearing within 7 days
  897  after receipt of the affidavit or statement under oath. After
  898  the hearing, the court may modify the release conditions. The
  899  court may also order that the defendant or acquittee be returned
  900  to the department if it is found, after the appointment and
  901  report of experts, that the person meets the criteria for
  902  involuntary commitment under s. 916.13 or s. 916.15.
  903         (4)(3) If at any time it is determined after a hearing that
  904  the defendant or acquittee who has been conditionally released
  905  under subsection (1) no longer requires court-supervised
  906  followup care, the court shall terminate its jurisdiction in the
  907  cause and discharge the defendant or acquittee.
  908         Section 14. Subsection (1) of section 985.19, Florida
  909  Statutes, is amended to read:
  910         985.19 Incompetency in juvenile delinquency cases.—
  911         (1) If, at any time prior to or during a delinquency case,
  912  the court has reason to believe that the child named in the
  913  petition may be incompetent to proceed with the hearing, the
  914  court on its own motion may, or on the motion of the child’s
  915  attorney or state attorney must, stay all proceedings and order
  916  an evaluation of the child’s mental condition.
  917         (a) Any motion questioning the child’s competency to
  918  proceed must be served upon the child’s attorney, the state
  919  attorney, the attorneys representing the Department of Juvenile
  920  Justice, and the attorneys representing the Department of
  921  Children and Family Services. Thereafter, any motion, notice of
  922  hearing, order, or other legal pleading relating to the child’s
  923  competency to proceed with the hearing must be served upon the
  924  child’s attorney, the state attorney, the attorneys representing
  925  the Department of Juvenile Justice, and the attorneys
  926  representing the Department of Children and Family Services.
  927         (b) All determinations of competency must shall be made at
  928  a hearing, with findings of fact based on an evaluation of the
  929  child’s mental condition made by at least not less than two but
  930  not nor more than three experts appointed by the court. The
  931  basis for the determination of incompetency must be specifically
  932  stated in the evaluation and must be conducted so as to ensure
  933  uniform application of the criteria enumerated in Rule 8.095,
  934  Florida Rules of Juvenile Procedure. In addition, A
  935  recommendation as to whether residential or nonresidential
  936  treatment or training is required must be included in the
  937  evaluation. Experts appointed by the court to determine the
  938  mental condition of a child shall be allowed reasonable fees for
  939  services rendered. State employees may be paid expenses pursuant
  940  to s. 112.061. The fees shall be taxed as costs in the case.
  941         (c) All court orders determining incompetency must include
  942  specific written findings by the court as to the nature of the
  943  incompetency and whether the child requires a secure or
  944  nonsecure treatment or training environment environments.
  945         (d)The evaluation of juveniles for competency to proceed
  946  shall be conducted in a manner that ensures the uniform
  947  application of the criteria in Rule 8.095, Florida Rules of
  948  Juvenile Procedure. The Department of Children and Family
  949  Services shall develop, or may contract with accredited
  950  institutions to provide for:
  951         1.A plan for training mental health professionals to
  952  perform forensic evaluations and for standardizing the criteria
  953  and procedures to be used in such evaluations;
  954         2.Clinical protocols and procedures based on the criteria
  955  in the Florida Rules of Juvenile Procedure;
  956         3.Training programs for mental health professionals in the
  957  application of these protocols and procedures for performing
  958  forensic evaluations and providing reports to the courts; and
  959         4.Procedures for evaluating the success of the program,
  960  including the number of persons trained, the cost of operating
  961  the program, and the effect on the quality of forensic
  962  evaluations as measured by the appropriateness of admissions to
  963  the Department of Children and Family Services’ juvenile
  964  competence-to-proceed programs.
  965         (e)(d) For competency incompetency evaluations related to
  966  mental illness, the Department of Children and Family Services
  967  shall maintain and annually provide the courts with a forensic
  968  evaluator registry list of available mental health professionals
  969  who have completed a training program, approved by the
  970  Department of Children and Family Services to perform the
  971  evaluations under this section. To the extent possible, the
  972  appointed expert shall be a psychiatrist or licensed
  973  psychologist.
  974         (f)An expert appointed by the court must have completed
  975  forensic evaluator training as specified below.
  976         1.A forensic evaluator training course approved by the
  977  Department of Children and Family Services must be provided at
  978  least annually to ensure that mental health professionals have
  979  an opportunity to be placed on the registry.
  980         2.Beginning July 1, 2011, an expert shall remain on the
  981  registry if he or she has completed or retaken the required
  982  training within the previous 5 years. An expert who has not
  983  completed the required training within the previous 5 years must
  984  be removed from the registry and may not conduct evaluations for
  985  the courts.
  986         3.A mental health professional who has completed the
  987  training course within the previous 5 years must maintain
  988  documentation of having completing the required training and
  989  provide current contact information to the Department of
  990  Children and Family Services.
  991         (g)(e) For competency incompetency evaluations related to
  992  mental retardation or autism, the court shall order the Agency
  993  for Persons with Disabilities to examine the child to determine
  994  if the child meets the definition of “retardation” or “autism”
  995  in s. 393.063 and, if so, whether the child is competent to
  996  proceed with delinquency proceedings.
  997         (h)(f) A child is competent to proceed if the child has
  998  sufficient present ability to consult with counsel with a
  999  reasonable degree of rational understanding and the child has a
 1000  rational and factual understanding of the present proceedings.
 1001  The report must address the child’s capacity to:
 1002         1. Appreciate the charges or allegations against the child.
 1003         2. Appreciate the range and nature of possible penalties
 1004  that may be imposed in the proceedings against the child, if
 1005  applicable.
 1006         3. Understand the adversarial nature of the legal process.
 1007         4. Disclose to counsel facts pertinent to the proceedings
 1008  at issue.
 1009         5. Display appropriate courtroom behavior.
 1010         6. Testify relevantly.
 1011         (i)(g) Immediately upon the filing of the court order
 1012  finding a child to be incompetent to proceed, the clerk of the
 1013  court shall notify the Department of Children and Family
 1014  Services and the Agency for Persons with Disabilities and fax or
 1015  hand deliver to the department and to the agency a referral
 1016  packet that includes, at a minimum, the court order, the
 1017  charging documents, the petition, and the court-appointed
 1018  evaluator’s reports.
 1019         (j)(h) After placement of the child in the appropriate
 1020  setting, the Department of Children and Family Services in
 1021  consultation with the Agency for Persons with Disabilities, as
 1022  appropriate, must, within 30 days after placement of the child,
 1023  prepare and submit to the court a treatment or training plan for
 1024  the child’s restoration of competency. A copy of the plan must
 1025  be served upon the child’s attorney, the state attorney, and the
 1026  attorneys representing the Department of Juvenile Justice.
 1027         Section 15. This act shall take effect July 1, 2010.

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