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Civil Commitment Referrals Act

black and white posterized image that represents the civil commitment statute.

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The Civil Commitment Referral Act
(18:45 min, 24.26 MB)

A More Compassionate System

Freedom Force Florida's proposed Civil Commitment Referrals statute is a forward-thinking solution designed to enhance public safety, improve the treatment of inmates with severe mental illness, and reduce recidivism. By addressing the needs of this vulnerable population, this legislation ensures a balanced approach that prioritizes both the well-being of individuals and the protection of communities.

  • Balanced Approach: Prioritizes individual well-being and community protection
  • Structured Framework: Identifies at-risk inmates before release
  • Cost Efficiency: Reduces expenses from untreated mental illness
  • Constitutional Protections: Incorporates tested safeguards from Florida's Mental Health Act
illustration of police taking person into custody and then being interviewed by mental health expert

Core Problem

  • Inmates with severe mental illness often pose post-release risks
  • Current system lacks adequate treatment pathways
  • High recidivism among mentally ill offenders

Proposed Solution

Key Definitions

  • Persistent Antisocial Behavior: Repeated violent/threatening infractions
  • Severe Mental Illness: Substantial disorder impairing judgment/reality
  • Qualified Professional: Licensed psychiatrist/psychologist with 3+ years experience

Commitment Process

  1. Evaluation: Mandatory screening 60 days pre-release
  2. Criteria: Requires clear evidence of:
    • Severe mental illness/antisocial behavior
    • Substantial harm risk if released
    • Inability for voluntary treatment
  3. Safeguards:
    • 30-day advance notice
    • Right to legal counsel
    • Documentation access

Key Benefits

  • Reduces community risks from untreated offenders
  • Provides constitutionally protected treatment pathways
  • Lowers long-term costs through early intervention
  • Ensures transparency through mandated reporting

Conclusion

Freedom Force Florida’s civil commitment proposal highlights the need for a more nuanced and comprehensive approach to criminal justice reform that moves beyond purely punitive measures. It also underscores the importance of collaboration and using evidence-based practices to create a safer and more just society. The use of existing mental health laws shows an understanding of the legal landscape and an attempt to work within existing structures.

The proposed statute is a vital step forward in creating a more effective, humane, and responsible criminal justice system. It strikes the necessary balance between rehabilitation, community safety, and the responsible use of public resources. With its focus on accountability, transparency, and evidence-based practices, this statute ensures that both individual rights and public interests are protected, paving the way for a more compassionate and effective correctional system.

Full text of the proposed bill.

Civil Commitment Referrals

A bill to be entitled
The Civil Commitment Referrals Act, creating s.945.0915, F.S.; establishing procedures for the evaluation and civil commitment of inmates with severe mental illness; providing definitions; establishing procedural safeguards; providing for implementation; and providing an effective date.

Be it enacted by the Legislature of the State of Florida:

Section 1. Section 945.0915, Florida Statutes, is created to read:

945.0915 Civil Commitment Referrals

(1) Legislative Intent:

  • (a) The Legislature finds that a small but significant subset of inmates exhibit persistent antisocial behavior or severe mental illness, posing substantial risks to public safety if released without treatment. These individuals often do not meet the criteria for commitment under the Baker Act but require long-term, specialized care in secure facilities.
  • (b) It is the intent of the Legislature to establish procedures for evaluating and committing these individuals to protect the public while ensuring constitutional safeguards, aligning with established procedures under the Jimmy Ryce Act.

(2) Definitions: As used in this section, the following terms have the meanings ascribed to them in s. 394.912 of the Florida Statutes unless otherwise specified:

  • (a) "Persistent antisocial behavior" means repeated disciplinary infractions involving violence, threats, or refusal to participate in rehabilitative programs, as documented in the inmate's institutional records.
  • (b) "Qualified mental health professional" means a psychiatrist licensed under chapter 458 or 459 or a psychologist licensed under chapter 490, each with at least three years of relevant experience.
  • (c) "Severe mental illness" means a substantial disorder of thought, mood, or perception that significantly impairs judgment, behavior, or the ability to function.

(3) Evaluation Procedures

  • (a) Multidisciplinary Team.
    • 1. The Department of Corrections shall establish multidisciplinary teams in consultation with the Department of Children and Families.
    • 2. Teams shall include two licensed psychiatrists or psychologists with experience in risk assessment and the treatment of individuals with serious mental disorders.
  • (b) Pre-Release Screening:
    • 1. The department shall initiate a prerelease screening for all inmates within 545 days of their anticipated release, prioritizing those exhibiting persistent antisocial behavior or severe mental illness.
    • 2. Evaluations shall include:
      • a. Review of institutional records and criminal history.
      • b. Clinical interviews and risk assessments.
      • Assessment of treatment history and outpatient treatment potential.

(4) Commitment Criteria: The department may initiate civil commitment proceedings when clear and convincing evidence demonstrates that:

  • (a) The inmate exhibits persistent antisocial behavior or severe mental illness.
  • (b) There is a substantial likelihood of harm to self or others if released.
  • (c) The inmate is unlikely to voluntarily participate in outpatient treatment.
  • (d) Less restrictive alternatives are inappropriate or insufficient.

(5) Procedural Safeguards:

  • (a) Notice and Hearing:
    • 1. The department shall notify the inmate in writing at least 30 days before a probable cause hearing.
    • 2. The notice shall include the reasons for the proposed commitment and supporting documentation.
  • (b) Probable Cause Hearing: The court shall conduct a hearing to determine if probable cause exists to hold the inmate in a secure facility pending trial. The procedures outlined in s. 394.915, Fla. Stat., providing the inmate with the following safeguards shall be observed:
    • 1. The right to legal counsel.
    • 2. The right to present evidence and cross-examine witnesses.
  • (c) Conduct of the trial:
    • 1. Within 30 days of the probable cause finding, the court shall conduct a trial to determine if the inmate meets the commitment criteria.
    • 2. The trial may be before a jury upon written request.
    • 3. The standard of proof is clear and convincing evidence.

(6) Commitment and Treatment:

  • (a) Individuals committed under this section shall be placed in a secure treatment facility operated by or contracted with the Department of Children and Families, separate from other populations.
  • (b) Annual reviews of the individual’s mental condition shall be conducted to determine whether continued commitment is necessary, as outlined in s. 394.918.

(7) Rules of Court: Unless and until the Florida Supreme Court adopts rules of procedure governing these proceedings specifically, the Rules of Court for Jimmy Ryce Proceedings shall be used.

(8) Oversight: Annual reports must be submitted to the Legislature, including:

  • (a) The number of evaluations conducted.
  • (b) The number of commitments initiated and finalized.
  • (c) Treatment outcomes and recidivism rates.

Section 3. Effective Date

This act shall take effect July 1, 2026.
Frequently Asked Questions

Freedom Force Florida FAQ: Civil Commitment Statute

Q. What is the primary goal of Freedom Force Florida's proposed Civil Commitment Referrals statute?

A. The primary goal of the proposed Civil Commitment Referrals statute is to enhance public safety, improve the treatment of inmates with severe mental illness, and reduce recidivism. It seeks to achieve this by establishing a structured process for evaluating and, when necessary, civilly committing inmates who pose a significant risk of harm due to mental illness or persistent antisocial behavior. This statute aims to strike a balance between individual rights, community well-being, and responsible use of public resources.

Q. Who would be subject to evaluation under this proposed statute?

A. All inmates within 60 days prior to their release date will undergo prerelease screening. However, a comprehensive evaluation is required for inmates who show signs of persistent antisocial behavior (repeated disciplinary infractions involving violence, threats, or refusal to participate in rehabilitative programs) or severe mental illness (a substantial disorder of thought, mood, perception, orientation, or memory that significantly impairs judgment, behavior, capacity to recognize reality, or ability to meet the ordinary demands of life).

Q. What are the key criteria that would lead to an involuntary civil commitment under this proposed law?

A. An inmate can be involuntarily civilly committed if the following criteria are met:

  1. The inmate exhibits persistent antisocial behavior or has a severe mental illness, based on accepted clinical standards.
  2. There is a substantial likelihood of harm to self or others if released without treatment.
  3. The inmate is unlikely to voluntarily participate in outpatient treatment.
  4. Less restrictive treatment alternatives are inappropriate or insufficient.
These criteria must be supported by clear and convincing evidence.

Q. What types of evaluations would inmates undergo, and who would perform them?

A. Evaluations would be comprehensive and include: a review of mental health records and criminal history, a clinical interview and mental status examination, a structured risk assessment, an assessment of treatment history and response, and an evaluation of potential for outpatient treatment. These evaluations would be conducted by qualified mental health professionals, specifically, licensed psychiatrists with at least three years of experience in diagnosing and treating serious mental disorders, or licensed psychologists with similar experience.

Q. What procedural safeguards are in place to protect the rights of inmates during the civil commitment process?

A. The proposed statute incorporates safeguards from "The Florida Mental Health Act," also known as the "Baker Act," to ensure the rights of inmates are protected. Additional safeguards include: the inmate must receive written notice at least 30 days before any commitment hearing, and the notice must detail the basis for the proposed commitment and all supporting documentation. This process also relies on a process of qualified mental health professionals making assessments.

Q. How is the proposed Civil Commitment Referrals statute intended to improve public safety?

A. The statute enhances public safety by providing a structured framework for identifying and managing inmates at risk of causing harm due to severe mental illness or persistent antisocial behavior. By mandating evaluations and facilitating appropriate interventions, the statute seeks to reduce the likelihood of dangerous incidents post-release. The goal is to prevent potential harm by providing necessary treatment and ensuring that individuals are not released into the community without addressing these underlying issues.

Q. How does Freedom Force Florida envision this statute impacting the overall correctional system in Florida?

A. Freedom Force Florida believes this statute will lead to a more compassionate and effective correctional system by ensuring individuals receive necessary mental health treatment and support, reducing recidivism, as well as improving overall safety and well-being. They emphasize that this statute represents a vital reform that addresses the intersection of mental health and public safety by promoting rehabilitation, community safety, and the responsible use of public resources. They expect better outcomes for both the individual and the community.