RULE 3.218. COMMITMENT OF A DEFENDANT FOUND NOT
GUILTY BY REASON OF INSANITY

(a) Commitment; 6-Month Report. The Department of
Children and Families shall admit to an appropriate facility a
defendant found not guilty by reason of insanity under rule 3.217
and found to meet the criteria for commitment for hospitalization
and treatment and may retain and treat the defendant. No later
than 6 months from the date of admission, the administrator of the
facility shall file with the court a report, and provide copies to all
parties, which shall address the issues of further commitment of
the defendant. If at any time during the 6-month period, or during
any period of extended hospitalization that may be ordered under
this rule, the administrator of the facility shall determine that the
defendant no longer meets the criteria for commitment, the
administrator shall notify the court by such a report and provide
copies to all parties. The procedure for determinations of the
confidential status of reports is governed by Rule of General
Practice and Judicial Administration 2.420.

(b) Right to Hearing if Committed upon Acquittal. The
court shall hold a hearing within 30 days of the receipt of any
report from the administrator of the facility on the issues raised
thereby, and the defendant shall have a right to be present at the
hearing. If the court determines that the defendant continues to
meet the criteria for continued commitment or treatment, the court
shall order further commitment or treatment for a period not to
exceed 1 year. The same procedure shall be repeated before the
expiration of each additional 1-year period in which the defendant
is retained by the facility.

(c) Evidence to Determine Continuing Insanity. Before
any hearing held under this rule, the court may, on its own motion,
and shall, on motion of counsel for the state or defendant, appoint
no fewer than 2 nor more than 3 experts to examine the defendant
relative to the criteria for continued commitment or placement of
the defendant and shall specify the date by which the experts shall
report to the court on these issues and provide copies to all parties.
Committee Notes

1980 Adoption. This provision provides for hospitalization of
a defendant found not guilty by reason of insanity and is meant to
track similar provisions in the rules relating to competency to stand
trial and the complementary statutes. It provides for an initial 6-
month period of commitment with successive 1-year periods; it
provides for reports to the court and for the appointment of experts
to examine the defendant when such hearings are necessary. The
underlying rationale of this rule is to make standard, insofar as
possible, the commitment process, whether it be for incompetency
to stand trial or following a judgment of not guilty by reason of
insanity.

For complementary statute providing for hospitalization of
defendant adjudicated not guilty by reason of insanity, see section
912.15, Florida Statutes.

1988 Amendment. The amendments to this rule, including
the title, provide for commitment of defendants found not guilty by
reason of insanity in violation of probation or community control
proceedings, as well as those so found at trial. The amendments
further reflect 1985 amendments to chapter 916, Florida Statutes.

Introductory Note Relating to Amendments to Rules 3.210
to 3.219. See notes following rule 3.210 for the text of this note.