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 and the dismissal of charges against defendants found incompetent to proceed due to intellectual disability or autism. It establishes that charges will be dismissed without prejudice if the defendant remains incompetent for up to two years, unless the court believes the defendant 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, emphasizing the need for annual court reviews of their placement in secure facilities. The act is set to take effect on July 1, 2026.
Statutes affected: H 569 Filed: 916.106