RULE 3.219. CONDITIONAL RELEASE

(a) Release Plan. The committing court may order a
conditional release of any defendant who has been committed
according to a finding of incompetency to proceed or an
adjudication of not guilty by reason of insanity based on an
approved plan for providing appropriate outpatient care and
treatment. When the administrator shall determine outpatient
treatment of the defendant to be appropriate, the administrator may
file with the court, and provide copies to all parties, a written plan
for outpatient treatment, including recommendations from qualified
professionals. The plan may be submitted by the defendant. The
plan shall include:
(1) special provisions for residential care, adequate
supervision of the defendant, or both;

(2) provisions for outpatient mental health services;
and

(3) if appropriate, recommendations for auxiliary
services such as vocational training, educational services, or special
medical care.

In its order of conditional release, the court shall specify the
conditions of release based on the release plan and shall direct the
appropriate agencies or persons to submit periodic reports to the
court regarding the defendant’s compliance with the conditions of
the release, and progress in treatment, 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) Defendant’s Failure to Comply. If it appears at any time
that the defendant has failed to comply with the conditions of
release, or that the defendant’s condition has deteriorated to the
point that inpatient care is required, or that the release conditions
should be modified, the court, after hearing, may modify the release
conditions or, if the court finds the defendant meets the statutory
criteria for commitment, may order that the defendant be
recommitted to the Department of Children and Families for further
treatment.

(c) Discharge. If at any time it is determined after hearing
that the defendant no longer requires court-supervised follow-up
care, the court shall terminate its jurisdiction in the cause and
discharge the defendant.

Committee Notes

1980 Adoption. This rule implements the prior statutory law
permitting conditional release.
For complementary statute providing for conditional release,
see section 916.17, Florida Statutes.

1988 Amendment. The amendments to this rule are designed
to reflect amendments to rules 3.210, 3.211, and 3.218 as well as
1985 amendments to chapter 916, Florida Statutes.

(b) This provision has been amended to permit the court to
recommit a conditionally released defendant to HRS under the
provisions of chapter 916 only if the court makes a finding that the
defendant currently meets the statutory commitment criteria found
in section 916.13(1), Florida Statutes.

1992 Amendment. The purpose of the amendment is to
gender neutralize the wording of the rule.

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

VI. DISCOVERY