WeSkleinertfairintervieWaCt
Criminal law Section Co-Chairs: AmyCasanova-Ward – FloridaDept. ofFinancialServices & LilyM. McCarty – LilyM. McCarty, LLC
fla. Stat. § 943.0439representsa criticaladvancementinsafeguarding therightsofindividualswithautism orrelateddevelopmentaldisabilities duringcustodialinterviews.
In October of 2016, Fla. Stat. § 943.0439, titled“ Interviews of Victims, Suspects, or Defendants with Autism or an Autism Spectrum Disorder,” commonly known as the“ Wes Kleinert Fair Interview Act,” went into effect. The Act established protections for individuals with developmental disabilities, specifically those diagnosed with autism or autism spectrum disorders. Enacted as bill Chapter 2016-175, this statute was introduced in response to an incident involving Wes Kleinert, an autistic adult whose mother, Ellen Kleinert, was unable to pursue criminal charges against a business associate who brought her son to a strip club. 1
Law enforcement initially declined to treat the matter seriously due to Mr. Kleinert’ s status as an adult. 2 When he was subsequently interviewed alone by police, his confusion and inability to effectively communicate what happened resulted in a lack of actionable evidence and, ultimately, no charges being filed. 3
Under Fla. Stat. § 943.0439, upon the request of an individual diagnosed with autism or an autism spectrum disorder, or upon the request of that individual’ s parent or guardian, law enforcement officers, correctional officers, or other public safety personnel must make a good faith effort to ensure that a qualified professional
( e. g., psychiatrist, psychologist, clinical social worker, mental health counselor, or special education instructor) is present during any custodial interview. Notably, the statute applies regardless of the individual’ s age and is not limited to minors. 4 The statute further mandates that every law enforcement agency develop and implement appropriate policies to carry out this requirement and provide corresponding training to officers and correctional personnel. 5
In addition to these procedural protections, the Act authorizes the Florida Department of Highway Safety and Motor Vehicles( DHSMV)
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