Civil Commitment Referrals Act

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

Listen to our introductory podcast.

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

At A Glance

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.

illustration of police taking person into custody and then being interviewed by mental health expert

Key benefits and reasons for adopting this statute include:

Enhanced Public Safety: The statute provides a clear framework for identifying inmates at risk of causing harm to themselves or others due to severe mental illness or persistent antisocial behavior. This reduces the likelihood of dangerous incidents after release.

Improved Mental Health Outcomes: By mandating comprehensive evaluations and facilitating appropriate interventions, the statute ensures that individuals receive the care they need, fostering better long-term mental health.

Cost-Effective Solutions: The emphasis on evaluation and targeted treatment minimizes the financial burden on taxpayers by reducing the costs associated with untreated mental illness, such as emergency responses and reincarceration.

Transparency and Accountability: With detailed reporting requirements, this statute ensures that the Department of Corrections operates with measurable goals, including monitoring treatment success and recidivism rates.

Legally Sound Protections: Procedural safeguards established in "The Florida Mental Health Act", such as notice and hearings, have been constitutionally tested to uphold inmates' rights while facilitating evidence-based decisions for civil commitment. illustration of police taking person into custody and then being interviewed by mental health expert

The Freedom Force Florida's proposed legislation represents a vital reform that addresses the intersection of mental health and public safety within Florida's criminal justice system. By providing a structured and humane approach to evaluating and treating inmates with severe mental illness, this legislation reduces the risk of harm, enhances rehabilitation efforts, and promotes long-term community well-being.

Key Themes and Concepts

This provides a detailed analysis of Freedom Force Florida’s proposed civil commitment statute, extracted from their website and supporting documentation. Freedom Force Florida is a grassroots organization advocating for criminal justice reform in Florida. Their proposed legislation focuses on involuntary civil commitment of inmates deemed a threat to society due to severe mental illness or persistent antisocial behavior upon completion of their sentences. This briefing outlines the organization’s mission, the key provisions of the proposed bill, and its rationale.

Organizational Background & Mission

Grassroots Movement: Freedom Force Florida is a grassroots coalition, indicating a bottom-up approach to advocating for reform.

Focus on Reform: The organization aims to reform Florida’s criminal justice system through legislative, judicial, and administrative changes.

Three-Phase Agenda: The civil commitment bill is part of their second phase, indicating a realistic, well planned approach to reform.

Inspired by Lived Experience: The organization was founded by Randolph M. Baggett, an incarcerated individual with 40 years of experience in the system. His personal experience and understanding fuel the organization’s mission. This demonstrates the importance of the personal impact of the criminal justice system and the potential for individuals who have experienced incarceration to be effective advocates for change.

Collaborative Approach: Freedom Force Florida intends to collaborate with legislators, educational institutions, and non-profits to achieve its goals, highlighting the importance of partnerships in achieving systemic change.

Core Problem

Inmates with Mental Illness: The core issue is that some inmates with severe mental illness or persistent antisocial behavior pose a risk to public safety even after completing their sentences, which highlights the shortcomings of a purely punitive system that does not adequately address the needs of mentally ill offenders.

Recidivism: The concern that these individuals will reoffend without appropriate mental health treatment.

Proposed Solution:
Civil Commitment Referrals

Forward-Thinking Solution: The proposed legislation is positioned as a progressive approach that balances public safety with the well-being of inmates with mental illness.

Enhancing Public Safety: The proposed legislation aims to reduce the risk of dangerous incidents by providing a framework to identify and treat inmates with mental illness before they are released.

Improved Mental Health Outcomes: The bill emphasizes comprehensive evaluation and intervention for inmates with mental illness, improving their long-term outcomes.

Cost-Effective Solutions: The focus on mental health treatment is presented as a more cost-effective option than responding to crises or re-incarcerating individuals.

Transparency and Accountability: The bill mandates detailed reporting to ensure the Department of Corrections is operating effectively and that they are accountable for meeting specific goals related to mental health care.

Legally Sound: The proposed bill relies on existing legal frameworks, such as "The Florida Mental Health Act," and claims to protect inmates' rights while facilitating evidence-based decisions, demonstrating a commitment to due process.

Key Definitions

Persistent antisocial behavior: Defined as "repeated disciplinary infractions involving violence, threats, or refusal to participate in rehabilitative programs."

Qualified mental health professional: Defined as a licensed psychiatrist or psychologist with at least three years of experience in diagnosing and treating serious mental disorders.

Severe mental illness: Defined as "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."

Substantial likelihood of harm: Defined as "a significant risk that the person will inflict serious bodily harm on themselves or others."

Key Components of the Proposed Bill

Evaluation Procedures: The bill mandates prerelease mental health screening within 60 days of release, comprehensive evaluations for those showing signs of severe mental illness or persistent antisocial behavior, and documentation of findings.

Evaluation Process: The evaluations involve a review of mental health records, clinical interviews, risk assessments, treatment history, and outpatient treatment suitability.

Commitment Criteria: Involuntary civil commitment is only allowed with "clear and convincing evidence" that the inmate:

Exhibits persistent antisocial behavior or has a severe mental illness.
Poses a substantial risk of harm to self or others if released.
Is unlikely to engage in outpatient treatment voluntarily.
Requires commitment because less restrictive alternatives are insufficient.

Procedural Safeguards: Inmates are guaranteed a written notice of at least 30 days before a commitment hearing, are the guaranteed the right to legal counsel,and are provided with all supporting documentation, reflecting a commitment to due process.

Funding & Implementation: The proposal calls for dedicated funding, staff training, quality assurance, and annual reporting on various aspects of the process.

Emphasis on Humane Treatment & Rehabilitation

The proposed bill suggests the need for a “more compassionate prison system”, signaling an important shift in perspective towards rehabilitation and human rights.

It seeks to balance public safety with the need for responsible use of public resources, indicating that the organization is concerned with both human rights and the financial implications of policy.

Quotes from Source

“Freedom Force Florida is a grassroots coalition of organizations and individuals dedicated to the legislative, judicial, and administrative reform of Florida's criminal justice system.”

“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.”

"The Civil Commitment Referrals statute is a vital step forward in creating a more effective, humane, and responsible criminal justice system."

"Procedural safeguards established in 'The Florida Mental Health Act', such as notice and hearings, have been constitutionally tested to uphold inmates' rights while facilitating evidence-based decisions for civil commitment."

" 'Persistent antisocial behavior' means repeated disciplinary infractions involving violence, threats, or refusal to participate in rehabilitative programs, as documented in the inmate's departmental records."

"'Severe mental illness' means 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."

Study Guide

Freedom Force Florida:
Civil Commitment Study Guide

Short Answer Quiz

What is the primary goal of Freedom Force Florida?
Who founded Freedom Force Florida and what is his background?
Name three of the legislative agenda items listed on Freedom Force Florida’s website.
What does Freedom Force Florida believe is the benefit of the civil commitment statute they propose?
What are the key definitions listed in the bill for "persistent antisocial behavior," "qualified mental health professional," and "severe mental illness"?
According to the proposed bill, what should the mental health evaluation program for inmates include?
What criteria must be met before the department can initiate involuntary civil commitment proceedings?
What are the procedural protections included for inmates facing commitment under this statute?
What funding and implementation requirements are included in the proposed bill?
How does the conclusion of the document summarize the benefits and goals of the civil commitment statute?

Short Answer Quiz Answer Key

The primary goal of Freedom Force Florida is to reform Florida's criminal justice system through legislative, judicial, and administrative changes.
Freedom Force Florida was founded by Randolph M. Baggett, who has 40 years of firsthand experience in the prison system and an educational background in business management and law.
Three of the legislative agenda items include: Mercy for Children, Elderly Inmate Release, and Compassionate Release.
Freedom Force Florida believes the civil commitment statute will enhance public safety, improve the treatment of inmates with severe mental illness, and reduce recidivism.
"Persistent antisocial behavior" means repeated disciplinary infractions involving violence, threats, or refusal to participate in rehabilitative programs.
A "qualified mental health professional" is a licensed psychiatrist or psychologist with at least three years of experience in treating serious mental disorders.
"Severe mental illness" is a substantial disorder that impairs judgment, behavior, or ability to recognize reality.
The mental health evaluation program should include prerelease screenings, comprehensive evaluations for inmates with signs of persistent antisocial behavior or severe mental illness, and documentation of all evaluations.
The department can initiate involuntary civil commitment proceedings only when there is clear and convincing evidence the inmate has persistent antisocial behavior or severe mental illness, has a substantial likelihood of harm, is unlikely to participate in outpatient treatment voluntarily, and less restrictive treatments are inappropriate.
Procedural protections include written notice at least 30 days before a hearing, and the notice must include the basis for the proposed commitment and all supporting documentation.
The proposed bill requires dedicated funding for evaluations, training programs for mental health staff, and quality assurance protocols, as well as annual reporting on evaluations, petitions, hearings, and outcomes.
The conclusion of the document summarizes the civil commitment statute as a way to create a more humane, effective, and responsible criminal justice system by balancing rehabilitation, public safety, and the responsible use of public resources.

Essay Questions

Analyze the potential impact of Freedom Force Florida's proposed civil commitment legislation on both the prison population and the broader community. Discuss potential benefits and challenges of implementing this legislation, including ethical considerations.
Evaluate the effectiveness of the proposed evaluation procedures for determining whether an inmate should be referred for civil commitment. Consider the roles of mental health professionals, risk assessments, and documentation in this process.
Compare and contrast the goals and potential impact of the civil commitment proposal with traditional punitive approaches to criminal justice. How does this approach shift the focus in handling inmates with mental health issues?
Discuss the significance of the procedural safeguards included in the proposed legislation and analyze how those protections balance individual rights with the need for public safety.
Critically examine the proposed funding and implementation strategies for the civil commitment statute and explore the challenges in ensuring adequate resources and effective program delivery.

Glossary of Key Terms

Civil Commitment: A legal process by which a person who is deemed a danger to themselves or others due to mental illness is involuntarily confined to a treatment facility.

Freedom Force Florida: A grassroots coalition dedicated to reforming Florida's criminal justice system through legislative, judicial, and administrative changes.

Persistent Antisocial Behavior: Repeated disciplinary infractions involving violence, threats, or refusal to participate in rehabilitative programs, as documented in an inmate's record.

Qualified Mental Health Professional: A licensed psychiatrist or psychologist with at least three years of experience in the diagnosis and treatment of serious mental disorders.

Recidivism: The tendency of a convicted criminal to reoffend.

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.

Substantial Likelihood of Harm: A significant risk that a person will inflict serious bodily harm on themselves or others, as evidenced by recent behavior causing, attempting, or threatening such harm.

The Baker Act: Also known as The Florida Mental Health Act, a Florida law that allows for the involuntary examination and temporary detention of an individual believed to have a mental illness and to be a danger to themselves or others.

Work Release: A program that allows inmates to leave prison to work at a job during the day but must return to the correctional facility during non-work hours.

Rehabilitative Programs: Structured programs within correctional facilities designed to provide inmates with skills, education, and support to reduce the likelihood of re-offending upon release.

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:

The inmate exhibits persistent antisocial behavior or has a severe mental illness, based on accepted clinical standards.
There is a substantial likelihood of harm to self or others if released without treatment.
The inmate is unlikely to voluntarily participate in outpatient treatment.
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.

Full Text of the Proposed Statute.

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.

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.