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FL H1005

FL H1005
Determination of Mental Conditions in Judicial Proceedings


summary

Introduced
01/05/2026
In Committee
01/12/2026
Crossed Over
Passed
Dead

Introduced Session

2026 Regular Session

Bill Summary

An act relating to determination of mental conditions in judicial proceedings; amending s. 393.11, F.S.; providing for petitions for involuntary admission to residential services of persons with neurocognitive disorders; amending s. 916.105, F.S.; revising legislative intent; amending s. 916.106, F.S.; defining the term "neurocognitive disorder"; amending s. 916.107, F.S.; providing that forensic clients with neurocognitive disorder have certain rights; amending s. 916.115, F.S.; authorizing the appointment of certain clinical social workers or mental health counselors as experts to evaluate defendants for mental competence to proceed; limiting the appointment of such professionals to evaluations of mental competence to proceed; amending s. 916.301, F.S.; providing for the appointment of experts to evaluate the mental condition of defendants whose suspected mental condition is neurocognitive disorder; amending s. 916.3012, F.S.; providing for a determination of whether a defendant whose suspected mental condition is neurocognitive disorder is mentally competent to proceed; providing for training of such defendant in certain circumstances; amending s. 916.302, F.S.; providing for involuntary commitment of certain defendants determined to be incompetent to proceed due to neurocognitive disorder; amending s. 916.3025, F.S.; providing for retention of jurisdiction over certain defendants found incompetent to proceed and ordered into a forensic facility for defendants who have intellectual disabilities, autism, or neurocognitive disorders; amending s. 916.303, F.S.; providing for dismissal of charges without prejudice under specified circumstances when a defendant is found incompetent to proceed due to neurocognitive disorder; amending s. 916.304, F.S.; providing for conditional release, in certain circumstances, of a defendant who is incompetent to proceed due to neurocognitive disorder; amending s. 985.19, F.S.; requiring certain juvenile delinquency procedures for children who are incompetent to proceed because of neurocognitive disorder; providing a directive to the Division of Law Revision; reenacting s. 393.115(1)(b), relating to the discharge of certain persons involuntarily admitted to residential services, to incorporate the amendment made to s. 393.11, F.S., in a reference thereto; providing an effective date.

AI Summary

This bill expands the definition of "neurocognitive disorder" to include conditions like traumatic brain injury, dementia, Alzheimer's disease, and neurodegenerative diseases, and integrates this new category alongside intellectual disability and autism in various legal proceedings concerning mental conditions. It allows for petitions for involuntary admission to residential services for individuals with neurocognitive disorders, revises legislative intent regarding forensic facilities to include those with neurocognitive disorders, and grants specific rights to forensic clients with neurocognitive disorders. The bill also authorizes clinical social workers and mental health counselors to be appointed as experts to evaluate defendants' mental competence to proceed in criminal cases, with limitations on the types of cases they can handle, and establishes procedures for determining competency, involuntary commitment, dismissal of charges, and conditional release for defendants whose suspected mental condition is a neurocognitive disorder. Furthermore, it mandates specific juvenile delinquency procedures for children found incompetent due to neurocognitive disorders, directs the Division of Law Revision to update chapter headings, and reenacts a section related to the discharge of individuals from residential services to reflect the changes.

Committee Categories

Justice

Sponsors (1)

Last Action

1st Reading (Original Filed Version) (on 01/13/2026)

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