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2An act relating to forensic client services; amending
3s. 916.106, F.S.; revising the definition of "forensic
4client" to include a defendant committed to
5involuntary residential services in a secure facility
6of the Agency for Persons with Disabilities;
7republishing s. 916.303, F.S., relating to
8determination of incompetency; providing an effective
9date.
10
11Be It Enacted by the Legislature of the State of Florida:
12
13Section 1.        Subsection (9) of section 916.106, Florida
14Statutes, is amended to read:
15916.106      Definitions.—For the purposes of this chapter, the
16term:
17(9)     "Forensic client" or "client" means any defendant who
18has been committed to the department or agency pursuant to s.
19916.13, s. 916.15, or s. 916.302, or s. 916.303(3).
20Section 2.        Section 916.303, Florida Statutes, is
21republished to read:
22916.303      Determination of incompetency; dismissal of
23charges.—
24(1)     The charges against any defendant found to be
25incompetent to proceed due to intellectual disability or autism
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26    shall be dismissed without prejudice to the state if the
27    defendant remains incompetent to proceed within a reasonable
28    time after such determination, not to exceed 2 years, unless the
29    court in its order specifies its reasons for believing that the
30    defendant will become competent to proceed within the
31    foreseeable future and specifies the time within which the
32    defendant is expected to become competent to proceed. The
33    charges may be refiled by the state if the defendant is declared
34    competent to proceed in the future.
35(2)     If the charges are dismissed and if the defendant is
36    considered to lack sufficient capacity to give express and
37    informed consent to a voluntary application for services and
38    lacks the basic survival and self-care skills to provide for his
39    or her well-being or is likely to physically injure himself or
40    herself or others if allowed to remain at liberty, the agency,
41    the state attorney, or the defendant's attorney shall apply to
42    the committing court to involuntarily admit the defendant to
43    residential services pursuant to s. 393.11.
44(3)     If the defendant is considered to need involuntary
45    residential services for reasons described in subsection (2)
46    and, further, there is a substantial likelihood that the
47    defendant will injure another person or continues to present a
48    danger of escape, and all available less restrictive
49    alternatives, including services in community residential
50    facilities or other community settings, which would offer an
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51    opportunity for improvement of the condition have been judged to
52    be inappropriate, the agency, the state attorney, or the
53    defendant's counsel may request the committing court to continue
54    the defendant's placement in a secure facility pursuant to this
55    part. Any placement so continued must be reviewed by the court
56    at least annually at a hearing. The annual review and hearing
57    must determine whether the defendant continues to meet the
58    criteria described in this subsection and, if so, whether the
59    defendant still requires involuntary placement in a secure
60    facility and whether the defendant is receiving adequate care,
61    treatment, habilitation, and rehabilitation, including
62    psychotropic medication and behavioral programming. Notice of
63    the annual review and review hearing shall be given to the state
64    attorney and the defendant's attorney. A defendant's placement
65    in a secure facility may not exceed the maximum sentence for the
66    crime for which the defendant was charged.
67Section 3.        This act shall take effect July 1, 2026.
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