945.47  Discharge of inmate from mental health treatment.--

(1)  An inmate who has been transferred for the purpose of mental health treatment shall be discharged from treatment by the superintendent under the following conditions:

(a)  If the inmate is no longer in need of care and treatment, he or she may be transferred to another institution in the department;

(b)  If the inmate continues to be mentally ill, but is not in need of care and treatment as an inpatient, he or she may be transferred to another institution in the department and provided appropriate outpatient and aftercare services;

(c)  If the inmate's sentence expires during his or her treatment, but he or she is no longer in need of care and treatment as an inpatient, the inmate may be released with a recommendation for outpatient treatment, pursuant to the provisions of ss. 945.40-945.49; or

(d)  If the inmate's sentence expires and he or she continues to be mentally ill and in need of care and treatment, the superintendent shall initiate proceedings for involuntary placement, pursuant to s. 394.467.

(2)  An inmate who is involuntarily placed pursuant to s. 394.467 at the expiration of his or her sentence may be placed, by order of the court, in a facility designated by the ¹Department of Health and Rehabilitative Services as a secure, nonforensic, civil facility. Such a placement shall be conditioned upon a finding by the court of clear and convincing evidence that the inmate is manifestly dangerous to himself or herself or others. The need for such placement shall be reviewed by facility staff every 90 days. At any time that a patient is considered for transfer to a nonsecure, civil unit, the court which entered the order for involuntary placement shall be notified.

(3)  At any time that an inmate who has received mental health treatment while in the custody of the department becomes eligible for release on parole, a complete record of the inmate's treatment shall be provided to the Parole Commission and to the ¹Department of Health and Rehabilitative Services. The record shall include, at least, the inmate's diagnosis, length of stay in treatment, clinical history, prognosis, prescribed medication, and treatment plan and recommendations for aftercare services. In the event that the inmate is released on parole, the record shall be provided to the parole officer who shall assist the inmate in applying for services from a professional or an agency in the community. The application for treatment and continuation of treatment by the inmate may be made a condition of parole, as provided in s. 947.19(1); and a failure to participate in prescribed treatment may be a basis for initiation of parole violation hearings.

History.--s. 1, ch. 82-224; s. 29, ch. 84-361; s. 59, ch. 88-122; s. 8, ch. 96-422; s. 1863, ch. 97-102.