The bill amends various sections of Florida Statutes to expand the definition of individuals eligible for involuntary admission to include those with neurocognitive disorders, alongside intellectual disabilities and autism. It establishes procedures for filing petitions for involuntary admission, outlines the rights of forensic clients with neurocognitive disorders, and details the appointment of experts to evaluate defendants' mental competence. Key amendments include defining "neurocognitive disorder" as a decrease in mental function due to medical conditions other than mental illness and emphasizing the rights of these individuals during judicial proceedings, ensuring they are represented by counsel and treated with dignity.
Additionally, the bill revises the criteria for involuntary commitment of defendants found incompetent due to neurocognitive disorders, requiring clear and convincing evidence of their condition and potential harm. It allows for mental health services to be provided in jails by local community providers and establishes protocols for obtaining consent for treatment, including emergency provisions. The bill also expands the definition of eligible evaluators to include clinical social workers and mental health counselors, ensuring that evaluations and treatment recommendations are tailored to the specific needs of defendants with these conditions. Overall, the bill aims to enhance the legal framework for the treatment and evaluation of individuals with mental health challenges within the criminal justice system, with an effective date of July 1, 2026.
Statutes affected: H 1005 Filed: 916.115, 916.3025, 916.304