1. (1) CRITERIA.--Every person adjudicated incompetent to stand trial or incompetent for sentencing, pursuant to the applicable Florida Rules of Criminal Procedure, may be involuntarily committed for treatment upon a finding by the court of clear and convincing evidence that:

   1. (a) The person is mentally ill and because of her or his mental illness, or that the person is mentally retarded and because of her or his mental retardation:

      1. The person is manifestly incapable of surviving alone or with the help of willing and responsible family or friends, including available alternative services, and, without treatment, the person is likely to suffer from neglect or refuse to care for herself or himself and such neglect or refusal poses a real and present threat of substantial harm to her or his well-being; or

      2. There is a substantial likelihood that in the near future the person will inflict serious bodily harm on herself or himself or another person, as evidenced by recent behavior causing, attempting, or threatening such harm; and

   2. (b) All available, less restrictive treatment alternatives, including treatment in community residential facilities or community inpatient or outpatient settings, which would offer an opportunity for improvement of the person's condition have been judged to be inappropriate.

2. (2) ADMISSION TO A FORENSIC FACILITY.--

   1. (a) Every person who has been adjudicated incompetent to stand trial or incompetent for sentencing, and who meets the criteria for commitment to the department under the provisions of this chapter, shall be committed to the department, and the department may retain and treat the defendant. No later than 6 months after the date of commitment or at the end of any period of extended commitment, or at any time the administrator shall have determined that the defendant has regained competency to stand trial or no longer meets the criteria for continued commitment, the administrator shall file a report with the court pursuant to the applicable Florida Rules of Criminal Procedure.

   2. (b) A defendant adjudicated incompetent to stand trial due to her or his mental retardation may be ordered into a secure facility designated by the department for retarded defendants. The department may not transfer a client from the secure facility to another residential setting without first notifying the court; the department may transfer such defendant unless the department receives written objection to the transfer from the court within 30 days after receipt of the notice by the court. No retarded client may be placed in the designated secure facility except by criminal court order. However, if criminal charges are subsequently dropped and the client is involuntarily admitted to retardation residential services, the placement at the secure facility may be continued if so ordered by the committing court following a hearing with the same due process requirements as set out in s. 393.11 for an initial involuntary admission. Such court hearings shall be held at least annually, with notice to the state attorney, and each order of continuing placement shall be based on a finding that the client is likely to physically injure others as specified in ¹s. 393.11(1)(c)2. In no case may a client's placement in a secure facility exceed the maximum sentence for the crime for which she or he was charged.

      ¹Note.--Section 8, ch. 88-398, substantially reworded s. 393.11. Currently, there is no s. 393.11(1)(c)2.

History.--s. 1, ch. 80-75; s. 6, ch. 83-274; s. 35, ch. 85-167; s. 1530, ch. 97-102.