Florida Administrative Code
65 - DEPARTMENT OF CHILDREN AND FAMILIES
65E - Mental Health Program
Chapter 65E-25 - SEXUALLY VIOLENT PREDATOR PROGRAM
Section 65E-25.001 - Assessment and Evaluation Procedures

Universal Citation: FL Admin Code R 65E-25.001

Current through Reg. 50, No. 187; September 24, 2024

(1) There shall be an initial assessment of every person referred to the Department of Children and Families (Department) for possible commitment as a sexually violent predator. The initial assessment shall consist of a record review by no fewer than two licensed psychologists or psychiatrists or one licensed psychologist and one licensed psychiatrist with experience in or relevant to the evaluation or treatment of persons with mental abnormalities, as defined in Section 394.912(5), F.S. Records reviewed shall, at a minimum, consist of the person's criminal and institutional background and treatment history provided with the referral by the Department of Corrections, Department of Juvenile Justice, or the Department pursuant to Section 394.913(2), F.S.

(2)

(a) A clinical evaluation shall be conducted on persons who may meet the statutory criteria for commitment as sexually violent predators as determined by the initial assessment. At least one licensed psychologist or psychiatrist with experience in or relevant to the evaluation or treatment of persons with mental abnormalities shall perform a clinical evaluation which shall include, at a minimum, a review of all records considered during the initial assessment and a personal interview of the person if the person consents to the interview. The psychologist(s) or psychiatrist(s) who perform the clinical evaluation shall be different from the psychologist(s) or psychiatrist(s) who conducted the initial assessment.

(b) The evaluator's clinical opinion shall be the product of clinical judgement guided by the application of assessment instruments helpful in the prediction of sexual offender recidivism. Each clinical evaluation shall include the use of an actuarial tool, when applicable. The clinical evaluation shall result in a written report that addresses, at a minimum, whether the person suffers from a mental abnormality or personality disorder that makes the person likely to engage in acts of sexual violence if not confined in a secure facility for long-term control, care, and treatment.

(3) The multidisciplinary team shall consist of:

(a) The licensed psychologist(s) or psychiatrist(s) who conducted the initial assessment or who reviewed the complete assessment and evaluation file; and

(b) The licensed psychologist(s) or psychiatrist(s) who performed the clinical evaluation.

(4) The department must recommend that the state attorney file a petition for civil commitment if at least two members of the multidisciplinary team determine that the person meets the definition of a sexually violent predator.

(5) The Department's recommendation to the state attorney of whether or not to file a petition shall be based upon the multidisciplinary team report. In the event the Department or a member of the multidisciplinary team receives additional information concerning a person after the recommendation is provided to the state attorney, the Department must provide the additional information to all the members of the multidisciplinary team. Each member of the team must review the additional information alters his or her conclusion as to whether or not the person meets commitment criteria. If the conclusion of the multidisciplinary team is revised as a result of the additional information, the Department will submit a revised recommendation to the state attorney.

Rulemaking Authority 394.930 FS. Law Implemented 394.913, 394.9135 FS.

New 10-7-01, Amended 4-19-21.

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