The bill amends the definition of "forensic client" in section 916.106 of the Florida Statutes to include defendants committed to involuntary residential services in secure facilities operated by the Agency for Persons with Disabilities. Specifically, it revises the language to replace the phrase "or s. 916.302" with "or s. 916.303(3)," thereby expanding the criteria for what constitutes a forensic client.
Additionally, the bill republishes section 916.303, which outlines the determination of incompetency for defendants due to intellectual disability or autism. It stipulates that charges against such defendants will be dismissed without prejudice if they remain incompetent for up to two years, unless the court believes they may become competent sooner. The bill also details the process for involuntary admission to residential services for defendants who lack the capacity to consent and pose a danger to themselves or others. It mandates annual reviews of any continued placement in secure facilities to ensure the defendant's ongoing need for such placement and the adequacy of their care and treatment. The act is set to take effect on July 1, 2026.
Statutes affected: H 569 Filed: 916.106