(1) Prior to conducting a personal interview of a potential sexually violent predator, the person to be interviewed must be informed of the following:
- (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 meets statutory criteria as a sexually violent predator;
- (b) That the person may decline to be interviewed and, that if declined, the clinical evaluation will consist of a record review only; and
- (c) That 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) The person will be provided with a consent form to sign indicating an understanding of the information provided pursuant to subsection (1).
- (a) If the person refuses to sign the consent form, 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 and obtain a signature, the evaluator should so indicate on the consent form with a brief explanation of why the consent form 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 4-19-21.