CopyCited 77 times | Published | Supreme Court of Florida | 2002 WL 31317996
...s commonly known as the Jimmy Ryce Act (the Ryce Act), [1] sections
394.910-.931, Florida Statutes (1999) (entitled "Involuntary Civil Commitment of Sexually Violent Predators"). On that same day, the trial court made an ex parte finding pursuant to section
394.915(1), and without any notice to Goode, that probable cause existed to continue to detain Goode....
...After receiving the team's assessment and recommendation, the state attorney is authorized to file a petition with the circuit court "alleging that the person is a sexually violent predator and stating facts sufficient to support such allegation." §
394.914, Fla. Stat. (1999). Section
394.915(1) authorizes the court to make an ex parte determination, based on the state attorney's petition, as to whether probable cause exists to believe that the person named in the petition is a sexually violent predator....
...shall order that the person remain in custody and be immediately transferred to an appropriate secure facility if the person's incarcerative sentence expires. In cases where a person's incarcerative sentence expires, entitling the person to release, section 394.915(2) provides for the possibility of a second "adversarial" determination of probable cause: Upon the expiration of the incarcerative sentence and before the release from custody of a person whom the multidisciplinary team recommends for civil commitment, but after the state attorney files a petition under s....
...No adversarial probable cause determination was conducted in Goode's case. TIME LIMITATION FOR FINAL HEARING The specific provision of the Ryce Act at issue in this case involves the time for trial after a court has made a determination of probable cause under section 394.915....
...For example, we find the reasoning in the Second District's opinion in Kinder on this issue to be on point and compelling: Under the Act, once a commitment petition is filed and probable cause is found to exist, the detainee is required to be held without possibility of release until he or she is brought to trial. See § 394.915(5), Fla....
...Obviously these commitments involve serious substantive rights with constitutional implications. Furthermore, as noted above, it appears that the Legislature intended that the State would initiate commitment proceedings while the inmate is still incarcerated. See § 394.915(1), Fla....
...t discussed above, we conclude that the Legislature intended that ordinarily the review process of potential sexual predators would be concluded while the person was still in prison. [7] The initial ex parte probable cause determination described in section 394.915(1) applies primarily to respondents who are still in prison, and a finding of probable cause under this provision simply requires that a respondent be transferred immediately to a secure facility upon the expiration of the sentence....
...recognized that in some cases there could be situations where the alleged offender was set to be released before the commitment trial had taken place. Thus, the Legislature created a separate, secondary adversarial probable cause determination. See §
394.915(2); see also Reese,
773 So.2d at 657 (noting that the Ryce Act contemplates two different probable cause determinations: an ex parte determination in accordance with
394.915(1) and an adversarial probable cause hearing described in
394.915(2)). [9] The adversarial probable *827 cause hearing described in section
394.915(2) can be held "[u]pon the expiration of the incarcerative sentence and before the release from custody." Thus, this secondary probable cause determination was apparently intended by the Legislature to be a fallback procedure for pers...
...ot been brought to trial under the commitment petition. The adversarial probable cause hearing also provides the person with more rights than the initial ex parte probable cause determination (i.e., the right to counsel and to present evidence). See § 394.915, Fla....
...court "may conduct an adversarial probable cause hearing if it determines such hearing is necessary" and that the court should hold the hearing only in cases "where the failure to begin trial is not the result of any delay caused by the respondent." § 394.915(2), Fla....
...30 days of the initial ex parte probable cause determination and the failure to begin the trial is not the result of a delay caused by the respondent." Id. at 657. Therefore, once a judge finds probable cause after an adversarial hearing pursuant to section
394.915(2), the thirty-day clock for commencement of the trial in section
394.916(1) is reset and begins to run again....
CopyCited 54 times | Published | Florida 5th District Court of Appeal | 2000 WL 1434081
...ing commitment under the Act. See §
394.914, Fla. Stat. (1999). If a commitment petition is filed, the court must determine whether probable cause exists to believe that the person qualifies as a sexually violent predator subject to commitment. See §
394.915, Fla....
...from Chapter 916, Florida Statutes, entitled "Forensic Client Services Act" to Chapter 394, Florida Statutes, entitled "Mental Health," effective May 26, 1999. 2) The Act specifically requires application of the Florida Rules of Civil Procedure. See § 394.9155(1), Fla....
...The Court in Hendricks adopted the same test but required the party challenging the constitutionality of the statute to prove the second prong by the clearest proof. [5] Some of those procedural and substantive rights include the following: (1) the right to counsel, see §§
394.915(3),
394.916, Fla. Stat. (1999); (2) determination of probable cause, see §
394.915, Fla. Stat. (1999); (3) application of the Florida Rules of Civil Procedure and the Florida Evidence Code, see §
394.9155(1),(2), Fla....
CopyCited 36 times | Published | Supreme Court of Florida | 2006 WL 1548026
...Probable Cause Petition As an initial matter, this Court must first consider whether the Act requires a probable cause petition to be supported by sworn proof. The Second District concluded that the "ex parte probable cause determination prescribed by section
394.915(1) must be supported by sworn proof in the form of a verified petition or affidavit." See Melvin,
804 So.2d at 463....
...(2002) (stating that the multidisciplinary team will be provided with the person's criminal history, including police reports, victim statements, presentence investigation reports, mental health records, and any other documents containing reports of the person's criminal history). Additionally, section 394.9155 permits hearsay evidence to be used in proceedings brought under the Act. Section 394.9155 provides in pertinent part: Hearsay evidence, including reports of a member of the multidisciplinary team or reports produced on behalf of the multidisciplinary team, is admissible in proceedings under this part unless the court finds that such evidence is not reliable. In a trial, however, hearsay evidence may not be used as the sole basis for committing a person under this part. § 394.9155(5), Fla....
...[6] Therefore, we hold that if the State files a probable cause petition which is not sworn to or accompanied by an affidavit, the State is not granted a cure period. Instead, in cases where a prisoner is detained beyond the expiration of his or her sentence, the trial court must hold the hearing delineated in section 394.915(2)-(3) within twenty-four hours from the filing of the probable cause petition....
...ioners in this case and any other person similarly situated. Thus, for all presently pending cases the State shall have seven days to cure the deficiency. The Jimmy Ryce Act provides a procedure for a probable cause determination by the trial court. Section 394.915(2)-(3) provides: (2) Upon the expiration of the incarcerative sentence and before the release from custody of a person whom the multidisciplinary team recommends for civil commitment, but after the state attorney files a petition under s....
...(3) At the adversarial probable cause hearing, the person has the right to: (a) Be represented by counsel; (b) Present evidence; (c) Cross-examine any witnesses who testify against the person; and (d) View and copy all petitions and reports in the court file. § 394.915(2)-(3), Fla....
...(2002). The court must then determine whether probable cause exists that the offender is a sexually violent predator who qualifies for civil commitment. If the offender's sentence has not yet expired, the probable cause determination is made ex parte. § 394.915(1), Fla. Stat. (2002). However, if the offender's sentence expires or has already expired, the court must determine whether to hold an adversarial probable cause hearing with evidence, witnesses, and representation by counsel. § 394.915(2), Fla....
...The Legislature did recognize that, in some cases, extra detention would be required. But rather than requiring a sworn petition to protect against improper detention, the Legislature provided for an adversarial probable cause hearing as a "fallback procedure" in such cases. Goode,
830 So.2d at 827; see §
394.915(2), Fla....
CopyCited 20 times | Published | Florida 2nd District Court of Appeal | 2001 WL 219982
...However, because a civil commitment petition was filed against him pursuant to the Act, Mr. Watrous was never released from custody but merely transferred from the Department of Corrections to the Department of Children and Families to be held in secure detention. See § 394.915(1) (providing that once a commitment petition is filed and a finding of probable cause made, the respondent shall "remain in custody and be immediately transferred to an appropriate secure facility")....
CopyCited 19 times | Published | Supreme Court of Florida | 2008 WL 5170550
...ommitment proceedings are commenced under the Act. State v. Goode,
830 So.2d 817, 825 (Fla. *108 2002) ("[I]t appears that the Legislature intended that the State would initiate commitment proceedings while the inmate is still incarcerated." (citing §
394.915(1), Fla....
...Following the receipt of the written assessment and recommendation from the multidisciplinary team, the state attorney may file a petition in the circuit court alleging that the person is a sexually violent predator. §
394.914, Fla. Stat. (2004). Section
394.915(1) then provides that upon finding probable cause to believe that an individual is a sexually violent predator, "the judge shall order that the person remain in custody and be immediately transferred to an appropriate secure facility if the person's incarcerative sentence expires." §
394.915(1), Fla....
...This would occur, for example, where the inmate obtains an order for release from an incarcerative sentence. [4] Additionally, this section would *110 apply where an inmate is about to be immediately released from an incarcerative sentence and the detailed procedures of section
394.913 and section
394.915(1) [5] have not yet been followed to initiate commitment proceedings and retain the person in custody....
...Ryce Act that existed prior to its amendment in 1999. Tanguay,
880 So.2d at 535. Significantly, the statute in effect in Tanguay spoke in terms of the individual being "taken into custody," a provision that does not appear in the text of the current section
394.915 or
394.9135. In 1999, the Jimmy Ryce Act was moved to chapter 394 and former section 916.35 was renumbered to section
394.915. See ch. 99-222, § 9, Laws of Fla. Although the title of section
394.915 remained the same, and includes the reference to "respondent taken into custody" as did the title to section 916.35, the text of section
394.915 was amended and no longer refers to the person being "taken into custody." Instead, section
394.915 states: (1) When the state attorney files a petition seeking to have a person declared a sexually violent predator, the judge shall determine whether probable cause exists to believe that the person named in the petition is a sexually violent predator....
...person remain in custody and be immediately transferred to an appropriate secure facility if the person's incarcerative sentence expires. *115 (2) Upon the expiration of the incarcerative sentence and before the release from custody of a person.... § 394.915, Fla....
...reasonstatutory procedures which were not applicable to the Court's decision in Tanguay. See ch. 99-222, § 7, Laws of Fla. Since the Legislature added a section providing for special procedures where immediate release is anticipated, and amended section 394.915 to state that the person "remain in custody" rather than be "taken into custody," there is no longer any statutory basis on which to hold that there is no "in custody" requirement in the Jimmy Ryce Act....
...Accordingly, Tanguay does not control our construction of the 2004 statutes or the jurisdictional disclaimers, first, because section
394.9135 now clearly spells out what is to occur when an inmate is to be immediately released and is expressly premised on the inmate being in custody; second, because section
394.915 has been amended to state that the person for whom probable cause has been found will "remain" in custody; and finally, because Tanguay was a plurality opinion and construed a statute that has now been amended to expressly refer to the person being in custody....
...m. SB 2192 Analysis]. The section is intended to assist the Department of Children and Families and state attorneys with expediting cases in such circumstances. Child. & Fams. Comm. SB 2192 Analysis at 25; Judiciary Comm. SB 2192 Analysis at 12. [5] Section 394.915(1) provides: When the state attorney files a petition seeking to have a person declared a sexually violent predator, the judge shall determine whether probable cause exists to believe that the person named in the petition is a sexually violent predator....
...If the judge determines that there is probable cause to believe that the person is a sexually violent predator, the judge shall order that the person remain in custody and be immediately transferred to an appropriate secure facility if the person's incarcerative sentence expires. § 394.915(1), Fla....
CopyCited 16 times | Published | Florida 1st District Court of Appeal | 2002 WL 1770486
...g facts sufficient to support such allegation." Id. §
394.914. If the state attorney elects to file such a petition, the circuit court must "determine whether probable cause exists to believe that the person ... is a sexually violent predator." Id. §
394.915(1)....
...If the court concludes that probable cause does exist, "the person must be held in custody in a secure facility without opportunity for pretrial release or release during the trial proceedings," notwithstanding the fact that the criminal sentence has been served. Id. § 394.915(5)....
...§
394.916(5). The person is entitled to the assistance of counsel, including appointed counsel if indigent. Id. §
394.916(3). The trial is considered civil in nature, and the Florida Rules of Civil Procedure and Evidence Code are generally applicable. Id. §
394.9155....
CopyCited 13 times | Published | Florida 4th District Court of Appeal | 1999 WL 817181
...a sexually violent predator. Section
394.914 authorizes the state attorney, after receiving that assessment, to file a petition with the circuit court stating facts sufficient to support the allegation that the person is a sexually violent predator. Section
394.915(1) authorizes the court to determine, based on the petition, whether probable cause exists. The only provision for an adversarial probable cause hearing in the statute is found in section
394.915(2), which provides: Upon the expiration of the incarcerative sentence and before the release from custody of a person whom the multidisciplinary team recommends for civil commitment, but after the state attorney files a petition under s....
...hearing. We conclude that it constitutes a denial of due process to confine persons, who have already completed their sentences, without an adversarial probable cause hearing. Under these circumstances a probable cause hearing is "necessary," under section 394.915(2). We therefore grant the petition for writ of habeas corpus and order that the petitioners be released unless: (1) a probable cause hearing, conducted in accordance with section 394.915, Florida Statutes, is held within five days [1] of the date of this opinion, and (2) funds are immediately available for *1013 preparation of petitioners' defenses as is required by the Act....
CopyCited 12 times | Published | Florida 2nd District Court of Appeal | 2003 WL 118228
...ntent discussed above, we conclude that the Legislature intended that ordinarily the review process of potential sexual predators would be concluded while the person was still in prison. The initial ex parte probable cause determination described in section 394.915(1) applies primarily to respondents who are still in prison, and a finding of probable cause under this provision simply requires that a respondent be transferred immediately to a secure facility upon the expiration of the sentence....
...ion is a sexually violent predator. If the circuit court determines the existence of probable cause, it is to order that the person remain in custody and be transferred to an appropriate secure facility upon expiration of the incarcerative sentence. § 394.915(1)....
CopyCited 10 times | Published | Florida 2nd District Court of Appeal | 2000 WL 1800574
...ience. See Neal v. Bryant,
149 So.2d 529 (Fla.1962). Under the Act, once a commitment petition is filed and probable cause is found to exist, the detainee is required to be held without possibility of release until he or she is brought to trial. See §
394.915(5), Fla....
CopyCited 9 times | Published | Supreme Court of Florida | 2005 WL 1118031
...We conclude that the Ryce Act contemplates civil proceedings and that the State has the statutory right to appeal in civil cases as do all litigants in such proceedings. See §
59.06(1), Fla. Stat. (1999) (providing the statutory right to appeal from final judgments or orders in civil actions); see also §
394.9155(1), Fla....
...be used as vehicles by which to dispose of Ryce Act proceedings where the respondent suffers no prejudice. Rather, we conclude that absent a demonstration of prejudice, the dismissal should be without prejudice and the respondent should be released. Section 394.915, Florida Statutes (1999), provides that once probable cause has been found in a Ryce Act case, the respondent is to be held securely awaiting trial once his incarcerative sentence expires. See § 394.915(1), (5), Fla....
...ance for good cause, the respondent's remedy is release from detention and a dismissal without prejudice of the pending proceedings. See Kinder,
830 So.2d at 833 ("[A]fter the time period in section
394.916(1) has run, trial is no longer pending and section
394.915(5) no longer requires the defendant to be detained pending trial.")....
CopyCited 8 times | Published | Florida 2nd District Court of Appeal | 2001 WL 1448749
...on involuntarily committed under the Act. §
394.914. The Act provides that upon the filing of such a petition "the judge shall determine whether probable cause exists to believe that the person named in the petition is a sexually violent predator." §
394.915(1)....
...If so, the judge must order the person detained pending the trial in the commitment proceeding. Id. The Act further provides for an adversarial probable cause hearing following the expiration of the person's incarcerative sentence if the court "determines such hearing is necessary." § 394.915(2)....
...make its initial probable cause determination. The statute simply directs that upon the filing of the petition the court is to "determine whether probable cause exists to believe that the person named in the petition is a sexually violent predator." § 394.915(1)....
...Id. at 1116. But the promise of due process would be hollow if it required merely that the judge search the commitment petition for the requisite allegations. For these reasons, we conclude that the ex parte probable cause determination prescribed by section 394.915(1) must be supported by sworn proof in the form of a verified petition or affidavit....
CopyCited 7 times | Published | Florida 4th District Court of Appeal | 2000 WL 485131
...Supp.1998). While the petitions were pending before this court, however, the Act was amended and renumbered at Chapter 394, Florida Statutes. See Ch. 99-222, Laws of Fla. The Valdez opinion construes the revised Ryce Act, which provides, inter alia: 394.915 Determination of probable cause; hearing; evaluation; respondent taken into custody; bail....
...ive sentence. (5) After a court finds probable cause to believe that the person is a sexually violent predator, the person must be held in custody in a secure facility without opportunity for pretrial release or release during the trial proceedings. § 394.915, Fla....
...Accordingly, this court held that "it constitutes a denial of due process to confine persons, who have already completed their sentences, without an adversarial probable cause hearing." Id. In that situation, a probable cause hearing is "necessary" under § 394.915(2)....
...This was consistent with the concern of the Meadows panel that counsel be appointed for a Ryce Act respondent as early as possible. In the typical situation contemplated by the statute, the state attorney will file a petition well before the expiration of an incarcerative sentence. Under section 394.915(1), the trial judge makes an ex parte probable cause determination after the state attorney files a petition seeking to have a person declared a sexually violent predator....
...le). Yet at that point, *563 there may not even be an attorney for the Ryce Act respondent. It is difficult to see how an adversarial probable cause hearing will be meaningful if a Ryce Act respondent has no attorney prepared to litigate that issue. Section
394.915(3) provides that a Ryce Act respondent is entitled to be represented by counsel at the adversarial probable cause hearing. See also §
394.916(3), Fla. Stat. (stating that a Ryce Act respondent is entitled to counsel "[a]t all adversarial proceedings"). Section
394.915(2) further states that the respondent "shall be provided with notice of, and an opportunity to appear in person at, an adversarial hearing." Yet there is no time frame within which counsel must be appointed for Ryce Act proceedings under section
394.9135, either by statute or by case law....
...Under the current version of the Ryce Act, presumably either the state or the Ryce Act respondent can request such a hearing, though the revised statute merely states that the court may hold such a hearing if it determines that one is necessary. See § 394.915(2), Fla....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 2002 WL 31016508
...fused. §
394.913(3)(c). From the multidisciplinary team's written report and recommendation, the state attorney decides whether a commitment petition should be filed. §
394.914. If filed, the trial court determines whether there is probable cause. §
394.915(1)....
CopyCited 6 times | Published | Supreme Court of Florida | 34 Fla. L. Weekly Supp. 405, 2009 Fla. LEXIS 1020, 2009 WL 1956384
...The Court adopts the aforementioned rules as proposed except for rules 4.220, 4.260, 4.310, 4.380, 4.410, and 4.460, which are adopted with modification as discussed below, and declines to adopt rules 4.050 and 4.360. Rule 4.220, Adversarial Probable Cause Hearing, derives from section 394.915(2), Florida Statutes (2008), and sets forth various rights held by the respondent....
...y decided, and we decline to do so absent an actual case or controversy. Moreover, under the Act, the Legislature did not create a right to cure a deficient petition, and we will not do so as a matter of procedure. In respect to proposed rule 4.360, section 394.9155(7), Florida Statutes (2008), addresses the consequences of a respondent not permitting the State to subject him or her to a mental examination. Section 394.9155 provides in pertinent part as follows: (7) If the person who is subject to proceedings under this part refuses to be interviewed by or fully cooperate with members of the multidisciplinary team or any state mental health expert, the...
...review all mental health reports, tests, and evaluations by the person's mental health expert or experts; or (b) Prohibit the person's mental health experts from testifying concerning mental health tests, evaluations, or examinations of the person. § 394.9155(7), Fla....
...he person's confinement violates a statutory right under state law or a constitutional right under the state or federal constitutions, or that the facility in which the person is confined is not an appropriate secure facility, as the term is used in section 394.915.
CopyCited 5 times | Published | Supreme Court of Florida | 2002 WL 31318012
...We have answered the certified question in State v. Goode,
830 So.2d 817 (Fla. 2002), and we approve the Second District's holding herein that the time provisions of section
394.916(1) of the Jimmy Ryce Act (the Ryce Act), are mandatory unless a continuance is granted for good cause. Section
394.915(5), Florida Statutes (1999), requires that a person under indefinite detention and awaiting a civil commitment trial be detained without the opportunity for pretrial release even where the person's sentence of imprisonment has expired....
...is mandatory and, if there has not been a prior continuance for good cause granted pursuant to section
394.916(2), commitment proceedings should be dismissed. Thus, after the time period in section
394.916(1) has run, trial is no longer pending and section
394.915(5) no longer requires the defendant to be detained pending trial....
...As the Second District explained in the decision below: Under the Act, once a commitment petition is filed and probable cause is found to exist, the detainee is required to be held without possibility of release until he or she is brought to trial. See § 394.915(5), Fla....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2002 WL 31115267
...Upon the filing of such a petition "the judge shall determine whether probable cause exists to believe that the person named in the petition is a sexually violent predator." Id. If so, the judge must order the person detained pending the trial in the commitment proceeding. Id.; § 394.915(1). An adversarial probable cause hearing will be held following the expiration of the person's incarcerative *519 sentence if the court "determines such hearing is necessary." § 394.915(1)....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 2003 WL 21511102
...See, e.g., Westerheide v. State,
767 So.2d 637, 648 (Fla. 5th DCA 2000) (holding that the Jimmy Ryce Act is civil in nature and that confinement is for treatment and the protection of the public, not punishment), approved by
831 So.2d 93 (Fla.2002). Moreover, section
394.9155(1), Florida Statutes (2000), provides that the Florida Rules of Civil Procedure apply to all civil commitment proceedings for sexually violent predators unless otherwise specified....
...§
394.9135(3), Fla. Stat. (1999)." Id. at 563. Even if we were to determine that the automatic stay provision does not apply to this appeal, Kobel suggests that the detainee still would not be eligible for release *1211 based on the mandatory provision of section
394.915(5), Florida Statutes, which sets forth that after a court finds probable cause, "the person must be held in custody in a secure facility without opportunity for pretrial release or release during the trial proceeding." Here, the trial...
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 2005 WL 3543920
...However, the provisions of section
394.9135 are not jurisdictional, and failure to comply with the time limitations, which results in the release of the person, is not dispositive of the case and does not prevent the state attorney from proceeding under the Act. §
394.9135(4), Fla. Stat. (1999). Finally, section
394.915(1), Florida Statutes (1999) (previously section 916.35(1)), provides that if a petition is filed and the court determines that probable cause exists to classify the person as a sexually violent predator, it "shall order that the perso...
CopyCited 3 times | Published | Supreme Court of Florida | 37 Fla. L. Weekly Supp. 161, 2012 WL 739209, 2012 Fla. LEXIS 490
...That same day, the trial court issued an ex parte order finding probable cause to believe that Morel was a “sexually violent predator” as defined in section
394.912, Florida Statutes (2002), and thus “eligible for commitment,” and ordered DCF to hold Morel pursuant to section
394.915, Florida Statutes (2002)....
...e facility for further proceedings in accordance with this part.” §
394.9135(3), Fla. Stat. The Act does not define the term “secure facility,” but authorizes DCF to contract with a private entity for the use and operation of such a facility. §
394.9151, Fla....
...reof [the offender] does not use physical force and violence likely to cause serious personal injury.” Morel was also convicted of kidnapping. . Since 2006, GEO has managed and operated the FCCC and its sex offender treatment programs. Pursuant to section 394.9151, Florida Statutes (2011), DCF "may contract with a private entity or state agency for use of and operation of facilities to comply with the requirements” of the Act....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2004 WL 1196083
...STRINGER and KELLY, JJ., Concur. NOTES [1] The State's timely filing of this petition well before the expiration of Mr. Curry's sentence was prudent and in keeping with the intent of the Act. See State v. Goode,
830 So.2d 817, 825 (Fla.2002). [2] See §
394.915(2), Fla....
...ture. [5] This notice was filed pursuant to Florida Rule of Civil Procedure 1.440. This seems like a logical step by counsel because, as specified by the legislature, these actions are generally governed by the standard rules of civil procedure. See § 394.9155(1), Fla....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2003 WL 327500
...Article I, section 12 of the Florida Constitution provides: "No warrant shall be issued except upon probable cause, supported by affidavit...." [5] Obviously, in order for this provision to require a petition to be sworn, the petition must be construed to be an application for a warrant. Section 394.915 makes no mention of a "warrant." Section 394.915(1) provides: *325 If the judge determines that there is probable cause to believe that the person is a sexually violent predator, the judge shall order that the person remain in custody and be immediately transferred to an appropriate secure facility if the person's incarcerative sentence expires....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2003 WL 289463
...On June 12 at 4:12 p.m., the office of the state attorney filed a petition for involuntary civil commitment in the circuit court. Sometime after 6 p.m. on June 12, Mr. Sirmons was released from the custody of the DOC. On June 13, the circuit court, pursuant to section 394.915(1), issued an order finding probable cause that Mr....
CopyCited 2 times | Published | Supreme Court of Florida | 38 Fla. L. Weekly Supp. 211, 2013 Fla. LEXIS 567, 2013 WL 1338042
...the petition was filed — did not control our construction of the Act. Id. at 114. We explained that the language “taken into custody” under section 916.35(1), the statute in effect in Tanguay , did not appear in the current version of sections
394.915 or
394.9135. Id. Instead, if the judge finds that probable cause exists, under section
394.915, the judge shall order that the individual “re *1241 main in custody.” 10 Id....
...Contrary to the State’s contention, approving the decision of the district court below does not render section
394.9135 meaningless. Section
394.9135 “would apply where an inmate is about to be immediately released from an incarcerative sentence and the detailed procedures of section
394.913 and section
394.915(1) have not yet been followed to initiate commitment proceedings and retain the person in custody.” Id....
...In Gordon , the Second District held that an individual released on conditional release was not in custody when the petition was filed, and therefore the State did not have jurisdiction to subsequently proceed against him under the Act.
839 So.2d at 720 . . Former section 916.35 was renumbered as section
394.915. See ch. 99-222, § 9, Laws of Fla. Although the text of section
394.915 no longer includes the "taken into custody” language, the title of section
394.915 still refers to such language. §
394.915, Fla. Stat. (2005). The failure to amend the title of section
394.915 to conform with the text of that section appears to simply be an oversight on the part of the Legislature....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2003 Fla. App. LEXIS 5829, 2003 WL 1936408
...So far as we are able to tell, DCF was not notified of the hearing, and learned of the order only upon being served a copy of it. DCF sought prohibition on the theory that there was no legal authority for the trial court's furlough order, and that the order, therefore, exceeded the trial court's jurisdiction. Section 394.915(5), Florida Statutes, reads as follows: (5) After a court finds probable cause to believe that the person is a sexually violent predator, the person must be held in custody in a secure facility without opportunity for pretrial release or release during the trial proceedings....
...This statute clearly prohibits pretrial release of Mitchell. No exceptions are made within it for furlough. Based on the plain reading of the statute, therefore, we conclude that the trial court exceeded its jurisdiction in entering the furlough order. The issue of the constitutionality of section 394.915(5) was not raised or briefed, either here or in the lower court, and, accordingly, we express no opinion in that regard....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2007 WL 3408311
...Rehearing Denied December 21, 2007. Alonzo P. Newsome, pro se. Bill McCollum, Attorney General, Tallahassee, and Sue-Ellen Kenny, Assistant Attorney General, West Palm Beach, for Respondent. PER CURIAM. The petition for writ of habeas corpus is denied. We note however that section 394.915(2), Florida Statutes (2006), "has been interpreted to mandate [an adversarial probable cause hearing] within five days of a request by a detainee whose [prison] sentence has expired." Melvin v....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2015 Fla. App. LEXIS 9208, 2015 WL 3757071
...ator. See §
394.913, Fla. Stat. (2008). Upon his release from prison, Mr. Jackson was admitted to the Florida Civil Commitment Center (FCCC) as a detainee, pending a final trial court determination of whether he was a sexually violent predator. See §
394.915....
...If the DCF assessment concludes that the person meets the definition and the State then files a petition, the trial court conducts a trial within thirty days to determine whether probable cause exists to believe the person is a sexually violent predator. §§
394.914,
394.915(1),
394.916(1). If the trial court finds probable cause, it orders that the person remain in custody in a secure facility if his sentence expires before a final trial court determination by clear and convincing evidence. §§
394.915(1),
394.917(1)....
...inds probable cause to believe the person is a sexually violent predator, the trial court orders the person to be held in a secure facility for a trial within thirty days to determine the question by clear and convincing evidence. §§ .394.9135(3),
394.915,
394.916(1),
394.917(1)....
...In July 2009, the trial court determined that probable cause existed to believe that Mr. Jackson was a sexually violent predator and ordered that he was to be transferred immediately to an appropriate secure facility if his prison sentence expired. See § 394.915(1)....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal
...4.400(a); the
right to self-representation following a hearing held pursuant to Faretta v.
California,
422 U.S. 806 (1975), see Fla. R. Civ. P.—S.V.P. 4.400(b); the right to
an adversarial probable cause hearing under certain circumstances, see Fla. R. Civ.
P.—S.V.P. 4.220 and §
394.915, Fla....
...hapter 394,
Florida Statutes and this rule, the following applies:
(1) The Florida Rules of Civil Procedure and Florida Rules of Judicial
Administration apply unless otherwise superseded by these rules.
(Emphasis added.)
Similarly, section 394.9155(1) provides:
The Florida Rules of Civil Procedure apply unless otherwise specified
in this part.
(Emphasis added.)
In light of this express incorporation by the Legislature and the Florida
Supreme Court, Florid...
...e trial. For
example, in Brown v. State,
940 So. 2d 609, 610 (Fla. 4th DCA 2006), the Fourth
District observed:
In a civil commitment proceeding filed under the Jimmy Ryce Act,
the Florida Rules of Civil Procedure generally apply. See §
394.9155(1), Fla....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2001 WL 788351
...r a harsher form of confinement for their refusal to enter treatment." In making this ruling, the trial court necessarily found that South Bay did not constitute an "appropriate secure facility" to house pretrial detainees, as that phrase is used in section 394.915. Under section 394.915(1), "[i]f the judge determines that there is probable cause to believe that the person is a sexually violent predator, the judge shall order that the person remain in custody and be immediately transferred to an appropriate secure fac...
...y at that facility. Instead, their motions raise the more fundamental question of whether South Bay is an appropriate facility for housing pretrial detainees. This requires an interpretation of what constitutes an "appropriate secure facility" under section 394.915....
...under the Act. [3] In the future, DCF should be provided with copies of such motions and notices of hearing. As the entity responsible for operating the facilities that house those detained under the Act, DCF has an interest in the proceedings. See § 394.9151, Fla....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2004 WL 240626
...ellant. James Marion Moorman, Public Defender, and Stephen B. Fisher, Assistant Public Defender, Bartow, for Appellee. WHATLEY, Judge. The State of Florida appeals an order dismissing its petition for commitment filed pursuant to the Jimmy Ryce Act. § 394.915, Fla....
...act, and five counts of contributing to the delinquency of a minor. Heath completed the incarcerative portion of his sentence on June 1, 2001, and was to be placed on probation. On May 30, 2001, the State filed a civil petition for commitment under section 394.915....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2006 WL 1144292
...Two days before his scheduled release date of November 23, 2001, the State filed a petition to civilly commit Kolin as a sexually violent predator. On that same day, the trial court made an ex-parte finding that probable cause existed to detain Kolin pursuant to section 394.915(1), Florida Statutes (2000)....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2001 WL 427394
...for Appellee. PER CURIAM. The State of Florida appeals the trial court's dismissal of the State's petition to civilly commit Timothy James Robbins following the State's presentation of its case in an adversarial probable cause hearing as provided in section 394.915, Florida Statutes (2000)....
CopyPublished | Florida 3rd District Court of Appeal
immediate release is anticipated, and amended section
394.915[, Florida Statutes,] to state that the person
CopyPublished | Florida 5th District Court of Appeal | 2005 WL 2899475
...He raises six points on appeal. We address only one as having merit: whether the trial court erred in denying his motion to vacate the civil commitment proceeding and discharge him because the proceedings were initiated by an unsworn petition. We affirm based on section 394.915(2), and Kephart v....
...The day after the petition was filed, on August 31, 2001, the court made an ex parte determination that probable cause existed to detain Golden, based on the state's petition and its attachments. [2] Although Golden was advised of his right to request a section 394.915(2) adversarial probable cause hearing, he did not, at any time, do so....
...The Kephart opinion also disapproves of the cure period imposed by the fourth district, in its review of the case. Instead the court required that where an unsworn petition is filed on the respondent's release date, the circuit court must hold the adversarial probable cause hearing delineated in section 394.915(2)-(3) [8] within twenty-four hours from the filing of the probable cause petition. Kephart. As our supreme court noted in Kephart, section 394.915(2) was "apparently intended by the Legislature to be a fallback procedure for persons who were entitled to be released from prison but still had not been brought to trial under the commitment petition." All the supreme court did in Ke...
...We think the supreme court did so because the respondent had not received timely notice of his continued detention under the Act, which was his right under the due process clause. We reject Golden's de facto argument that Kephart should be applied broadly. Rather, we hold that the requirement for a section 394.915(2) hearing within twenty-four hours should be narrowly applied....
...t be released before the commitment issue can be decided. We do not believe that either the Legislature or the supreme court intended this result because it would tend to thwart the purpose of the Act. [9] Instead, we read Kephart to merely impose a section 394.915(2) hearing requirement within twenty-four hours when an unsworn petition has been filed on the respondent's release date, because the respondent has failed to receive timely notice under the due process clause....
...Where, as here, the petition is filed while the respondent is incarcerated as a result of convictions for sexually violent offenses, in virtually all instances, a respondent will have received timely notice of the civil commitment, and the due process clause will not be offended by the filing. The language of section 394.915(2) does not require the state attorney to move for, or the circuit court to order, sua sponte, such a hearing. The silence of the Act regarding the state attorney and the court leaves us to conclude that the responsibility to raise a due process or liberty issue and request a section 394.915(2) hearing has been left to the respondent. Golden had a month's notice in this case, which we deem to be timely under the due process clause. In addition, he had the opportunity to move for a section 394.915(2) adversarial probable cause hearing to test whether probable cause existed to continue to detain him, but he did not do so even though it was incumbent upon him to seek this remedy. Instead, he filed a motion to vacate the probable cause order, seeking his release. There is nothing in the Act that permits this type of "short-cut" without an adversarial probable cause determination as outlined in section 394.915(2)....
...Where one fails to avail himself of this remedy, the result is a waiver. AFFIRMED. SAWAYA and TORPY, JJ., concur. NOTES [1] See Hale v. State,
891 So.2d 517 (Fla. 2004)(competent substantial evidence must support jury verdict in Ryce Act case); Houtsma v. State,
828 So.2d 1035 (Fla. 1st DCA 2002). [2] See section
394.915, Determination of probable cause; hearing; evaluation ....
...ursuant to section
394.913, and concluded that because the Legislature gave the state attorney this responsibility, the state attorney could swear to the facts in the petition. [7] See U.S. Const. amends. V, XIV; Art. I, §§ 12, 23, Fla. Const. [8] §
394.915, Determination of probable cause, provides in part: (2) Upon the expiration of the incarcerative sentence and before the release from custody of a person whom the multidisciplinary team recommends for civil commitment, but after the state attorney files a petition under s....
CopyPublished | Florida 4th District Court of Appeal | 2000 Fla. App. LEXIS 13920, 2000 WL 1630155
...After hearing evidence, including the testimony of a psychologist, the court determined that there was probable cause to believe that petitioner is a sexually violent predator. Based upon that finding, the court ordered the petitioner to be held in the secure facility. See § 394.915(4), Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2002 Fla. App. LEXIS 6400, 2002 WL 948281
...See §
394.910—
394.931, Fla. Stat. (2001). We grant the petition. Graham is held pending trial in a Ryce Act proceeding based on an ex parte judicial determination that there is probable cause to believe he is a sexually violent predator as defined in the Act. See §
394.915(1)....
...ol, care, and treatment. Graham moved to strike the probable cause order because it was not based on sworn proof. In Melvin v. State,
804 So.2d 460, 463 (Fla. 2d DCA 2001), this court held that the ex parte probable cause determination prescribed by section
394.915(1) must be supported by sworn proof in the form of a verified petition or affidavit....
...The circuit court held that the amended petition would relate back to the date of the initial unsworn petition and, on that basis alone, denied Graham’s motion to strike. However, permitting a retroactive amendment to the petition did not render Graham’s objection to his detention moot. As interpreted by Melvin , section 394.915(1) permits pretrial detention of a Ryce Act respondent when there has been a judicial determination based on sworn proof that there is probable cause to believe the respondent is a sexually violent predator....
CopyPublished | Florida 2nd District Court of Appeal | 2005 Fla. App. LEXIS 3045, 2005 WL 544223
...in a secure facility for long-term control, care, and treatment. See §
394.912(10). The circuit court issued an ex parte order finding probable cause to detain Mr. Heath on May 30, 2001, and signed a warrant for his custodial detention pursuant to section
394.915....
...As in Ortega , the circuit court’s decision is not grounded in the Act’s specific requirements. The statute requires only that the circuit court make a probable cause determination, based upon sworn proof, after the State files its petition. See § 394.915; see also Melvin v....
CopyPublished | Florida 5th District Court of Appeal
...long-term control, care, and treatment.1 The same day, the circuit court
issued an ex parte order finding that probable cause exists to believe that
Fetzer is a sexually violent predator and directing that he be held in an
appropriate secure facility pursuant to section 394.915, Florida Statutes.2
Fetzer later executed a written waiver of his right to have his trial held within
Fetzer was scheduled to be released from custody four days later on
1
March 27, 2010.
2
The court held...
CopyPublished | Florida 3rd District Court of Appeal | 2006 Fla. App. LEXIS 10719, 2006 WL 1751747
...In support of its petition, the State Attorney attached the conflicting opinions and reports of Dr. Swan and Dr. Amiel, and the assessments of both MDTs. On October 22, 2005, the trial court entered an ex-parte Order Determining Probable Cause and issued a Warrant For Custodial Detention pursuant to section 394.915, Florida Statutes (2004), transferring Harden to DCF at the conclusion of his incarcerative sentence and ordering him held in a secure facility....
...y violent predator, and (2) recommends against such a proceeding. Harden further contends that, since the filing of the petition was improper due to the MDTs’ conclusions, the trial court was not authorized to conduct a probable cause hearing. See 394.915, Fla....
...The fact that the state attorney is permitted to file a petition “based upon the recommendation of the multidisciplinary team,” suggests that it may not do so upon a negative finding by the MDT. Furthermore, the statutory procedures for conducting probable cause hearings set forth in section 394.915, Florida Statutes (2004), also strongly imply that a positive recommendation from the MDT is a condition precedent....
...tody of a person whom the multidisciplinary team recommends for civil commitment, but after the state attorney files a petition under s.
394.914, the court may conduct an adversarial probable cause hearing if it determines such hearing is necessary. §
394.915(2), Fla....
...Since a positive MDT assessment and recommendation is a condition precedent to the State’s ability to exercise its discretion in filing a petition for involuntary commitment, we find that the State’s petition was invalid. Thus, the trial court was not authorized to conduct an ex-parte probable cause hearing pursuant to section 394.915....
...ary team, the state attorney, in accordance with s.
394.913, may file a petition with the circuit court alleging that the person is a sexually violent predator and stating facts sufficient to support such allegation. §
394.914, Fla. Stat. (2004). . Section
394.915 states, in relevant part: (1) When the state attorney files a petition seeking to have a person declared a sexually violent predator, the judge shall determine whether probable cause exists to believe that the person named in the petition is a sexually violent predator....
...If the judge determines that there is probable cause to believe that the person is a sexually violent predator, the judge shall order that the person remain in custody and be immediately transferred to an appropriate secure facility if the person’s incarcerative sentence expires. § 394.915, Fla....
CopyPublished | Florida 4th District Court of Appeal | 2007 Fla. App. LEXIS 10975, 2007 WL 2043467
...atutes (2007). The trial court determined that the respondent was incompetent to proceed with the civil commitment trial under Chapter 394. Rather than placing the respondent in a secure facility upon the finding of probable cause as contemplated by section 394.915(1), the trial court followed the procedure of Chapter 916 applicable to mentally deficient and mentally ill defendants....
...The second district has recognized that “the Ryce act itself contains no provision concerning a respondent’s right to be competent during the proceeding.” Branch,
890 So.2d at 326 . . We also note that the respondent has not demonstrated that the secure facility contemplated by section
394.915 is inappropriate.
CopyPublished | Florida 2nd District Court of Appeal | 2005 WL 155468
...(2004). The statute provides that the multidisciplinary team "shall include, but is not limited to, two licensed psychiatrists or psychologists or one licensed psychiatrist and one licensed psychologist." [3] §§
394.914-.915(1), Fla. Stat. (2004). [4] §
394.915(1), Fla. Stat. (2004). [5] §
394.915(2), (4), Fla. Stat. (2004). [6] §
394.916(1), Fla. Stat. (2004). [7] §
394.915, Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2005 Fla. App. LEXIS 563
...(2004). The statute provides that the multidisciplinary team "shall include, but is not limited to, two licensed psychiatrists or psychologists or one licensed psychiatrist and one licensed psychologist.” . §§
394.914-.915G), Fla. Stat. (2004). . §
394.915(1), Fla. Stat. (2004). . §
394.915(2), (4), Fla. Stat. (2004). . §
394.916(1), Fla. Stat. (2004). . §
394.915, Fla....
CopyPublished | Florida 1st District Court of Appeal | 2013 WL 439773
...iolent predator civil confinement proceedings. See Maraman,
980 So.2d at 1099 (the defendant’s liberty interests are far higher stakes than a civil litigant’s monetary concerns). By statute, the civil rules of procedure apply in these eases. See §
394.9155(1), Fla....
...Because the lower court’s denial of petitioner’s motion was not a departure from the essential requirements of law, we deny the petition for writ of certiorari. ROBERTS and RAY, JJ., concur. . After a probable cause finding was made in purported conformity with section 394.915, Florida Statutes (2000), petitioner was transferred directly from prison to the Florida Civil Commitment Center....
CopyPublished | Florida 1st District Court of Appeal | 2000 Fla. App. LEXIS 16841, 2000 WL 1862089
...The State of Florida timely petitioned this court to review that order. We disagree with the construction of the relevant statutory provisions as set forth by the Second District in Kinder. The Act contemplates two probable cause determinations, the first being ex parte in accordance with section 394.915(1). Section 394.915(2), however, describes an adversarial probable cause hearing which may be conducted “if [the court] determines such hearing is necessary.” The same statutory subsection also provides that “[t]he court shall only consider whether to have an adversarial probable cause hearing in cases where the failure to begin trial is not the result of any delay caused by the respondent” and sets forth procedures to be followed in such a hearing. According to subsection 394.915(4), “If the court again concludes that there is probable cause to believe that the person is a sexually violent predator, the court shall order that the person be held in an appropriate secure facility upon expiration of his or her...
...delay caused by the respondent. We construe the statutory scheme so that, once the circuit judge finds probable cause after an adversarial hearing, the 30 day clock for commencement of trial in section
394.916(1) begins to run anew. The language of section
394.915 supports this construction. In particular, section
394.915(2) prescribes an adversarial hearing in those instances where there is a “failure to begin trial.” This failure could only mean failure to begin trial within the 30 days from the ex parte determination. Section
394.915(4) uses the word “again” to describe the adversarial finding....
...of the Supreme Court to regulate procedural matters in the courts. In some respects, our construction of the statutes is analogous to the right to an adversarial preliminary hearing as provided for by Florida Rule of Criminal Procedure 3.131(b). The section 394.915(2) hearing serves to protect the constitutional liberty interest at stake....
CopyPublished | Florida 2nd District Court of Appeal | 2000 Fla. App. LEXIS 16326, 2000 WL 1838323
...Sjuts was imprisoned for sexually violent offenses. As he neared the end of his prison term, the State Attorney for the Tenth Judicial Circuit filed a Ryce Act petition alleging that Sjuts was a sexually violent predator who must be committed for long-term control, care and treatment. Pursuant to section 394.915 of the Act, the circuit court determined there was probable cause to believe Sjuts was a sexually violent predator....
CopyPublished | Florida 4th District Court of Appeal
...for
release; had multiple personality disorders and suffered from pedophilia;
and would be likely to commit other sexually violent acts unless he was
subject to long term custody and treatment. 1 The court found probable
cause, as is required under section 394.915(1), and appellant was held in
custody.
Prior to trial, appellant moved in limine to exclude evidence of any
unproved criminal conduct, namely two incidents of molestation of a
person twelve or older, one in 2004 and one in 2008....
...multidisciplinary team, is admissible in proceedings under
this part unless the court finds that such evidence is not
reliable. In a trial, however, hearsay evidence may not be used
as the sole basis for committing a person under this part.
§ 394.9155(5), Fla....
