Placement and treatment of an inmate in a mental health treatment facility.

(1) CRITERIA FOR INVOLUNTARY PLACEMENT OR TREATMENT.—

(a) An inmate may be placed in a mental health treatment facility if he or she is mentally ill and is in need of care and treatment.

(b) An inmate may receive involuntary treatment for which the inmate is unable or has refused to provide express and informed consent, if all of the following apply:

1. The inmate is mentally ill.

2. The treatment is essential to the care of the inmate.

3. The treatment is not experimental and does not present an unreasonable risk of serious, hazardous, or irreversible side effects.

4. The inmate is gravely disabled or poses a likelihood of serious harm.

5. The inmate is incompetent to consent to treatment.

(2) HEARING PROCEDURES FOR PETITIONS FOR PLACEMENT AND TREATMENT.—

(a) An inmate may be placed and involuntarily treated in a mental health treatment facility after notice and hearing upon the recommendation of the warden of the facility where the inmate is confined. The warden of the institution where the mental health treatment facility is located shall petition the circuit court serving the county for an order authorizing the placement and treatment of the inmate. The petition must be supported by the expert opinion of at least one of the inmate’s treating psychiatrists.

(b) The inmate shall be provided with a copy of the petition along with the proposed treatment; the basis for the proposed treatment; the names of the examining experts; and the date, time, and location of the hearing. After considering the public safety and security concerns presented by transporting the inmate or in conducting onsite hearings, the court may order that the hearing be conducted by electronic means or in person at the facility or at another location designated by the court. If the hearing is ordered by the court to be conducted at a location other than the facility, the department is authorized to transport the inmate to the location of the hearing.

(c) The inmate may have an attorney represent him or her at the hearing, and, if the inmate is indigent, the court shall appoint the office of the public defender or private counsel pursuant to s. 27.40(1) to represent the inmate at the hearing. An attorney representing the inmate shall have access to the inmate and any records, including medical or mental health records, which are relevant to the representation of the inmate.

(d) The hearing on the petition for involuntary placement and treatment shall be held as expeditiously as possible after the petition is filed, but no later than 14 calendar days after filing. The court may appoint a general or special magistrate to preside. The inmate may testify or not, as he or she chooses; may cross-examine witnesses testifying on behalf of the facility; and may present his or her own witnesses.

(e) The court may waive the presence of the inmate at the hearing if the waiver is consistent with the best interests of the inmate and the inmate’s counsel does not object. One of the inmate’s physicians whose opinion supported the petition shall appear as a witness at the hearing.

(3) ORDERS FOR INVOLUNTARY PLACEMENT AND TREATMENT.—

(a) If the court finds by clear and convincing evidence that the inmate meets the criteria in paragraph (1)(a), the court must order that the inmate be involuntarily placed in the mental health treatment facility for a period not to exceed 6 months.

(b) If the court finds by clear and convincing evidence that the inmate meets the criteria in paragraph (1)(b), the court may order that the inmate be involuntarily treated for a period not to exceed 6 months, concurrent with an order for placement in the mental health treatment facility. In determining whether to order involuntary treatment under this section, the court must consider the inmate’s expressed preference regarding treatment; whether the inmate is able to express a preference; the probability of adverse side effects; the prognosis for the inmate without treatment; the prognosis for the inmate with treatment; and any other factors the court deems relevant.

(4) STATUS HEARINGS AND CONTINUING JURISDICTION.—An order authorizing involuntary placement and treatment shall allow such placement and treatment for a period not to exceed 6 months following the date of the order. Unless the court is notified in writing that the inmate has been discharged from the mental health treatment facility because he or she is no longer in need of care and treatment, has been transferred to another institution of the department, or has been released from the department’s custody, the warden shall, before the expiration of the initial order, file a notice with the court to set a status hearing for an order authorizing the continuation of placement and treatment for another period not to exceed 6 months. This procedure shall be repeated until the inmate is no longer in need of care and treatment. Placement and treatment may be continued pending a hearing after the timely filing of any petition.

(5) COPIES OF ORDERS.—The court shall provide a copy of its order authorizing placement and treatment along with all supporting documentation relating to the inmate’s condition to the warden of the mental health treatment facility.

(6) DISMISSAL OF PETITIONS.—If the court finds that criteria for placement and treatment are not satisfied, it shall dismiss the petition and the inmate shall be transferred out of the mental health treatment facility and provided with appropriate mental health services.