CopyCited 12 times | Published | Florida 3rd District Court of Appeal | 10 Fla. L. Weekly 2597
...lly ill nor dangerous to himself or others. The hospital recommended that Thompson be released as no longer meeting the criteria for involuntary hospitalization or, alternatively, asking that Thompson be released conditionally to the community under section 916.17(1), Florida Statutes (1981), in accordance with an attached "Aftercare Plan." In an attached report, titled "Forensic Psychiatric Summary," Dr....
...(General Education Development) test and had obtained his high school (equivalency) diploma. The report described this feat as "an achievement which is spectacularly in conflict with his prior intellectual functioning." On April 27, 1982, Thompson filed a "Motion for Conditional Release Pursuant to F.S. 916.17(1)." In response to the motion, a hearing was held on May 11, 1982....
CopyCited 9 times | Published | Supreme Court of Florida | 1992 WL 246494
...urisdiction in the cause and discharge the defendant. Committee Notess 1980 Adoption. This sectionrule implements the prior statutory law permitting conditional release. For complementary statute providing for conditional release, see Ssection 925.27916.17, Florida Statutes (Supp. 1980) [designated as Fla.St. 1980, Supp. § 916.17]....
CopyCited 7 times | Published | Florida 4th District Court of Appeal | 2009 Fla. App. LEXIS 2487, 2009 WL 763584
...The Department of Children and Family Services (DCF) petitions for a writ of certiorari seeking to quash a trial court order that committed incompetent criminal defendant Israel Amaya [1] to DCF's legal custody and placed him on conditional release under section 916.17, Florida Statutes (2008)....
...fy for commitment to a treatment facility to restore competency, he is in need of community placement. The order provides: 3. Accordingly, the Defendant is hereby released and is hereby committed to the Department of Children & Families, pursuant to s. 916.17, Fla....
...Amaya's compliance with release conditions and progress in treatment. DCF timely petitions this court for a writ of certiorari and contends that the trial court departed from the essential requirements of law by committing Amaya to its custody under section 916.17, Florida Statutes, and requiring DCF to locate and fund an appropriate placement....
...teria set out in section
916.13(1), Florida Statutes, are met. All parties agree, and the trial court correctly determined, that Amaya does not qualify for commitment under section
916.13. The trial court purported to commit Amaya to DCF pursuant to section
916.17, which provides: (1) Except for an inmate currently serving a prison sentence, the committing court may order a conditional release of any defendant in lieu of an involuntary commitment to a facility pursuant to s....
...elease 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, with copies to all parties. (Emphasis added). Section
916.17 provides an alternative to placement in a *156 treatment facility for defendants committed to DCF under section
916.13....
...Contrary to the trial court's order, an incompetent defendant may not be committed to DCF if the statutory criteria are not met. The conditional release provisions of the statute and the rules implementing the statute indicate that conditional release under section 916.17 is appropriate only when a defendant meets the criteria for commitment to DCF. Florida Rule of Criminal 3.219(a), which implements the conditional release of section 916.17, provides: Release Plan....
...ile 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. (Emphasis added). Thus, for conditional release under section 916.17 to be appropriate, the statute and rules contemplate that the defendant must initially meet the criteria for commitment....
...an approved plan for providing outpatient care in lieu of involuntary commitment to a treatment facility. Here, no plan for outpatient treatment was provided, and Amaya does not meet the conditions for commitment, making "conditional release" under section 916.17 unauthorized....
...The trial court ordered DCF to find an appropriate facility and made it responsible for Amaya's care and supervision. Essentially, the court ordered release and then required DCF to formulate a plan after the fact. Rule 3.219(b) further demonstrates that conditional release under 916.17 is appropriate only for a defendant who has been committed to DCF: (b) Defendant's Failure to Comply....
...The word "recommitted" contemplates a previous "commitment." Nothing in the statutes or rules suggest that an incompetent defendant, who does not meet the criteria of section
916.13, can be "committed" to DCF for purposes of conditional release under section
916.17....
...conditions" which may include outpatient treatment and monitoring. The conditions placed on release under Rule 3.212(d), when a defendant does not qualify for commitment, should not be confused with the "conditional release" that is permitted under section
916.17 as an alternative to commitment to a treatment facility under section
916.13....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 2002 WL 1586980
jail longer than the fifteen days allowed by section 916.017(1)(a), Florida Statutes. All of the affected
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 2004 WL 741443
...ganization called "Circles of Care," (which is apparently housed in the forensic department of the Brevard County jail), suggesting that he was no longer dangerous to himself or others. Mr. Tavares argued for a conditional release in accordance with section 916.17, Florida Statutes (2003)....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal
...Maxwell was committed to the Florida State Hospital in Chattahoochee on August 7, 1981. Beginning in late 1986 she was permitted several leaves of absence, during which she returned to Lee County. Finally, on February 25, 1987, Maxwell was discharged from custody pursuant to a conditional release order. See § 916.17, Fla....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2006 WL 1626908
...At the hearing on revocation, the State presented evidence of an extensive criminal history [3] as well as the new charge. Defense counsel offered the order finding him incompetent as well as evidence that he had not been receiving medication for his schizophrenia. Counsel argued that under section 916.17, the court has but two options: (1) modify conditions of pretrial release, or (2) commit defendant to DCFS for involuntary treatment....
...osition of pretrial detention upon the commission of a new offense while on pretrial release from a pending charge. But where, as here, a defendant has been found incompetent to proceed and is then released upon conditions and commits a new offense, section 916.17(2) leaves the trial judge with only two options: modify the conditions of release or involuntarily commit the defendant to DCFS for treatment....
...themselves. If that were the case, such persons could be detained indefinitely without any finding of guilt. When they become a danger to the community, as here, and the State establishes that no conditions can be fashioned to protect the community, section 916.17(2) provides the option of involuntary commitment to a facility where he will receive treatment. We therefore grant the writ to the extent of requiring an immediate hearing for the trial judge to select the appropriate section 916.17(2) option....
CopyCited 3 times | Published | Florida 4th District Court of Appeal
...His most recent petition for release filed December 17, 1982 was denied by the trial court, occasioning these appellate proceedings. Although denominated an appeal, review by certiorari appears to be the more procedurally correct vehicle to bring up an order involving the conditional release program codified in Section 916.17, Florida Statutes (1981) and Rule 3.219 of the Florida Rules of Criminal Procedure....
...onal Release is hereby denied on the following basis: 1. The Department of Health & Rehabilitative Services has not complied with the statutory requirements regarding the preparation of an adequate plan for release as set forth in F.R.Cr.P. 3.219, F.S. 916.17, and in Thomas Hill v....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal
...The trial court adjudicated, him, incompetent to proceed. .Mr. McCray has not been restored to competency. Following his adjudication, of incompetency, Mr. McCray filed an unsuccessful motion to dismiss the information. The trial court, however, continued a program of conditional release pursuant to section 916.17, Florida Statutes (2014)....
...Specifically, we quashed the portion of the order continuing Mr. McCray’s conditional release. We reasoned that because he “did not qualify for involuntary commitment under section
916.13,” he was ineligible “for placement on conditional release under section
916.17 as a matter of statutory text.” Id....
...Following our opinion in McCray, the trial court conducted a hearing and entered the order that prompted the instant certiorari proceeding (Petition II). The order before us: (1) struck the prior order placing Mr, McCray on conditional release pursuant to section 916.17; (2) imposed many" of those same conditions relying on rule 3.212(d); and (3) denied Mr, McCray’s renewed motion to dismiss pursuant to section' 916,146, Certiorari Petition In Petition II, Mr....
...the exclusive authority to adopt rules of judicial practice and procedure for actions filed in this State ,...” (citing Allen v. Butterworth,
756 So.2d 52, 59 (Fla. 2000))). The trial court’s order avoids imposition of conditional release under section
916.17....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 1988 WL 36077
...alculated to monitor and assure his continued remission, reserving jurisdiction later to order, upon an appropriate hearing, absolute liberty or, again, absolute confinement. Hill, at 209. This suggestion by the Hill court has since been codified at Section 916.17, Florida Statutes (1985) which authorizes the committing court to order a conditional release of any defendant who has been committed according to an adjudication of not guilty by reason of insanity based on an approved plan for providing appropriate outpatient care and treatment....
...idential care or adequate supervision of the defendant; 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. See Section 916.17(1)(a)-(c), Florida Statutes (1985)....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2007 WL 121561
...respect to section
916.13(1)(a), [3] the trial court's *9 November 17, 2006 written finding that he did. The State's response suggests that because Defendant was on conditional release, he was so placed in lieu of involuntary commitment, pursuant to section
916.17....
...isions of subdivision (c)(3) are met. Fla. R.Crim. P. 3.212(c)(2). Commitment, however, requires that the defendant meet the statutory criteria, Fla. R.Crim. P. 3.212(c)(3)(A) that is, the criteria of section
916.13(1), Florida Statutes. See also §
916.17(2), Fla....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal
...McCray has not been
restored to competency.
Following his adjudication of incompetency, Mr. McCray filed an
unsuccessful motion to dismiss the information. The trial court, however, continued a
program of conditional release pursuant to section 916.17, Florida Statutes (2014)....
...Specifically, we quashed the portion of the order continuing Mr. McCray's
conditional release. We reasoned that because he "did not qualify for involuntary
commitment under section
916.13," he was ineligible "for placement on conditional
release under section
916.17 as a matter of statutory text." Id....
... Following our opinion in McCray, the trial court conducted a hearing and
entered the order that prompted the instant certiorari proceeding (Petition II). The order
before us: (1) struck the prior order placing Mr. McCray on conditional release pursuant
to section 916.17; (2) imposed many of those same conditions relying on rule 3.212(d);
and (3) denied Mr....
...ority to adopt
rules of judicial practice and procedure for actions filed in this State . . . ." (citing Allen v.
Butterworth,
756 So. 2d 52, 59 (Fla. 2000))).
The trial court's order avoids imposition of conditional release under
section
916.17....
CopyPublished | Florida 3rd District Court of Appeal | 2015 Fla. App. LEXIS 13447
...that C.Z.
was ineligible for involuntary civil commitment under the Baker Act. See §
394.467, Fla. Stat. (2011). By default, the only option the trial court had available
to provide placement for C.Z. was through conditional release, pursuant to section
916.17 of the Florida Statutes and Florida Rules of Criminal Procedures 3.212(d)
and 3.219....
...facility which places him in harm's way. [C.Z.’s] chronic mental
illness prevents him from making appropriate decisions to protect
himself.
In so doing, the trial judge acknowledged the only possible authority to support her
decision was section 916.17....
...3d at 165.
As in our case, the trial court found William Carmona incompetent to proceed to
trial, and non-restorable. The trial court then ordered Mr. Carmona to be placed
indefinitely in the custody of the Department pursuant to the conditional release
provision of section 916.17(1), and that the Department assume the cost of the
placement....
...before the
trial court has the authority to involuntarily commit an individual for
treatment. If an individual is found to have met these criteria and is
thereby subject to being committed to the Department for treatment,
section 916.17 provides an alternative to the residential commitment
known as a “conditional release.” In its April 20, 2014, order, the trial
court specifically found that Mr....
...In further proceedings, Amaya was found not
competent to proceed to trial, and that he was not likely to be restored to
competency because of the advanced stage of his brain tumor. The trial court
ordered him to be conditionally released to the care and custody of the Department
pursuant to section
916.17. The Fourth District Court of Appeal quashed the order.
As in Carmona, and as we decide today, that Court found that “Section
916.17
provides an alternative to placement in a treatment facility for defendants
committed to DCF under section
916.13....
.... and are
13
involuntarily committed . . . be provided in a manner . . . which insures the rights
of the defendants as provided in this chapter.”).
In the instant case, the trial court used section 916.17 as its statutory
authority to find a placement for C.Z....
CopyPublished | Florida 1st District Court of Appeal | 1988 WL 99515
...1st DCA 1988) is dispositive in that the trial court should have required HRS and its hospital administrators to "share with the patient the responsibility" of producing *1055 a practical and conceivable conditional release plan providing adequate outpatient supervision, pursuant to § 916.17, Florida Statutes (1987)....
CopyPublished | Florida 4th District Court of Appeal | 2006 Fla. App. LEXIS 15485, 2006 WL 2683113
...We grant the petition for writ of habeas corpus for the same reasons expressed in our opinion in Douse v. State,
930 So.2d 838 (Fla. 4th DCA 2006), with the same instructions contained in that opinion: We therefore grant the writ to the extent of requiring an immediate hearing for the trial judge to select the appropriate section
916.17(2) option....
CopyPublished | Florida 4th District Court of Appeal | 2015 Fla. App. LEXIS 15634, 2015 WL 6160697
...without further order of the court.1
After a year, DCF informed the court that Phillips no longer met the
criteria for continued hospitalization. On March 8, 2007, the trial court
entered an order, pursuant to Florida Rule of Criminal Procedure 3.219
and section 916.17, Florida Statutes (2004), placing Phillips on conditional
release....
...behavior causing,
attempting or threatening such harm.
Thus, Phillips found his way into the custody of DCF. When it was
determined in March 2007 that hospitalization no longer was required,
Phillips was placed on conditional release.
Section 916.17, Florida Statutes (2004), governs conditional release
and places a defendant under the control of the court. Subsection (1) of
916.17 and Rule 3.219(a) of the Florida Rules of Criminal Procedure direct
the court to order a conditional release plan, which shall include
provisions for residential care, supervision, outpatient mental health
services, and other such services or...
...6
The statute and the rule also direct review by the court if the defendant’s
condition deteriorates to the point that inpatient care is required. In such
a case, the court may order involuntary treatment, including re-
hospitalization. § 916.17(2), Fla....
CopyPublished | Supreme Court of Florida | 2000 Fla. LEXIS 2556, 2000 WL 1637548
...t 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....
CopyPublished | Florida 4th District Court of Appeal | 2013 WL 5989160, 2013 Fla. App. LEXIS 18017
...4th DCA 1984). In his petition, the defendant argues the circuit court is required to terminate jurisdiction when it is determined, after a hearing, that a defendant no longer requires supervised followup care. See Fla. R. Crim. P. 3.219(c); see also § 916.17(3), Fla....
...The State argues that because the defendant had not established such a relationship and had not undertaken further education, the motion to terminate was properly denied. We have reviewed the petition, response, and appendix. We grant the petition in part. Section 916.17(3), Florida Statutes (2012), specifically provides: If at any time it is determined after a hearing that the defendant who has been conditionally released under subsection (1) no longer requires court-supervised followup care, the court shall terminate its jurisdiction in the cause and discharge the defendant....
CopyPublished | Florida 5th District Court of Appeal
...to reexamine her
for the purpose of determining whether she meets the criteria for involuntary hospitalization.
"[W]here. . . a defendant has been found incompetent to proceed and is then released
upon conditions and commits a new offense, section 916.17(2)[,Florida Statutes,] leaves the
trial judge with only two options: modify the conditions of release or involuntarily commit the
defendant to DCFS for treatment." Douse v....
...to determine whether Smith’s release conditions should be modified or remain the same. If
the experts have already completed the reexaminations and rendered reports, the trial court
should hold an immediate hearing to make the appropriate determination under section
916.17(2).
PETITION GRANTED.
SAWAYA, BERGER and EDWARDS, JJ., concur.
2
CopyPublished | Florida 1st District Court of Appeal
...1st DCA 2009).
Here, the circuit court denied petitioner’s affidavit without prejudice to file a sufficient
petition. Petitioner is at liberty to file a sufficient petition alleging grounds upon which
his conditional release may be modified as required by section 916.17(2), Florida
Statutes....
CopyPublished | Florida 1st District Court of Appeal | 2015 Fla. App. LEXIS 7834, 2015 WL 2436772
...1st DCA 2009). Here, the circuit court denied petitioner’s affidavit without prejudice to file a sufficient petition. Petitioner is at liberty to file a sufficient petition alleging grounds upon which his conditional release may be modified as required by section 916.17(2), Florida Statutes....
CopyPublished | Florida 4th District Court of Appeal
...“[T]he
committing court may order a conditional release of any defendant in lieu
of an involuntary commitment to a facility pursuant to s.
916.13 or s.
916.15 based upon an approved plan for providing appropriate outpatient
care and treatment.” §
916.17(1), Fla....
CopyPublished | Florida 1st District Court of Appeal | 1984 Fla. App. LEXIS 13261
...titution to which he was confined after he was found not guilty by reason of insanity on several 1981 criminal charges. The trial court did not err in its decision that defendant’s proposed plan for conditional release did not meet the criteria of section 916.17, Florida Statutes (1983), and Florida Rule of Criminal Procedure 3.219....
CopyPublished | Florida 5th District Court of Appeal
...ON PETITION FOR CERTIORARI
PER CURIAM.
Based on the State’s proper concession of error, we grant the Department of
Children and Families’ petition for writ of certiorari and remand this case for further
proceedings under section 916.17, Florida Statutes (2018). The lower court shall release
Mr. Jones from custody of the department or conduct a hearing pursuant to section
916.17(2) within seven days from the date of this opinion.
PETITION GRANTED; ORDER QUASHED AND REMANDED.
ORFINGER, TORPY and EISNAUGLE, JJ., concur.
2
CopyPublished | Florida 5th District Court of Appeal
...ON PETITION FOR CERTIORARI
PER CURIAM.
Based on the State’s proper concession of error, we grant the Department of
Children and Families’ petition for writ of certiorari and remand this case for further
proceedings under section 916.17, Florida Statutes (2018). The lower court shall release
Mr. Jones from custody of the department or conduct a hearing pursuant to section
916.17(2) within seven days from the date of this opinion.
PETITION GRANTED; ORDER QUASHED AND REMANDED.
ORFINGER, TORPY and EISNAUGLE, JJ., concur.
2
CopyPublished | Florida 2nd District Court of Appeal | 2012 WL 2614549, 2012 Fla. App. LEXIS 10868
...The letter from Treasure Coast, which was the catalyst for the underlying proceeding, does not expressly mention conditional release and it does not contain a fully-formed release plan as that plan is described in Florida Rule of Criminal Procedure 3.219 and section 916.17(1), Florida Statutes (2010)....
CopyPublished | Florida 4th District Court of Appeal
...3
for involuntary commitment, Defendant argues that he must be released. We
disagree as Douse does not apply under the facts of this case.
Douse involved a defendant who was conditionally released pursuant to
section 916.17, Florida Statutes. That statute governs conditional release of
incompetent defendants “in lieu of an involuntary commitment to a facility.” §
916.17(1), Fla. Stat. When a court opts to conditionally release a defendant in
lieu of commitment, the statute allows the court to modify release conditions or
order commitment upon a violation of release conditions. § 916.17(2), Fla....
CopyPublished | Florida 5th District Court of Appeal
PER CURIAM. Based on the State's proper concession of error, we grant the Department of Children and Families' petition for writ of certiorari and remand this case for further proceedings under section 916.17, Florida Statutes (2018). The lower court shall release Mr. Jones from custody of the department or conduct a hearing pursuant to section 916.17(2) within seven days from the date of this opinion....
CopyPublished | Florida 5th District Court of Appeal
PER CURIAM. *1307 Based on the State's proper concession of error, we grant the Department of Children and Families' petition for writ of certiorari and remand this case for further proceedings under section 916.17, Florida Statutes (2018). The lower court shall release Mr. Jones from custody of the department or conduct a hearing pursuant to section 916.17(2) within seven days from the date of this opinion....
CopyPublished | Florida 2nd District Court of Appeal | 2015 Fla. App. LEXIS 1198, 2015 WL 403987
...issue of placement and treatment for restoration of competency to proceed."
Following that hearing, the trial court entered its "Order of Conditional
Release and Temporary Placement of Defendant Previously Adjudged Incompetent to
Proceed Pursuant to § 916.17 Fla....
...as to remain
until a bed was available at BayCare Behavioral Health facility. Further, the order
required the Department to assume the costs of Mr. Carmona's care at these facilities
and stated that this was to be considered a release pursuant to section 916.17, the
conditional release statute....
...that must be established before
the trial court has the authority to involuntarily commit an individual for treatment. If an
individual is found to have met these criteria and is thereby subject to being committed
to the Department for treatment, section 916.17 provides an alternative to the residential
commitment known as a "conditional release." In its April 20, 2014, order, the trial court
specifically found that Mr....
...orders or conditions or other matters in which the mental competence of the defendant
is necessary for a just resolution of the issues being considered." §
916.106(11).
-4-
implementing the statute indicate that conditional release under section
916.17 is
appropriate only when a defendant meets the criteria for commitment to [the
Department]." See id.
Here, after finding that Mr....
CopyPublished | Florida 3rd District Court of Appeal | 2017 Fla. App. LEXIS 209
...to dismiss the charges pending against Appellee as fewer than five years had
elapsed between the time Appellee was adjudicated incompetent and the dismissal
order.
In reaching this conclusion we necessarily reject Appellee’s argument that
section 916.17 of the Florida Statutes conferred discretion on the court below to
dismiss the charges against Appellee in less than five years. That provision,
authorizes conditional release in lieu of involuntary commitment either before an
adjudication of guilt or after an acquittal on a finding of not guilty by reason of
insanity. Section 916.17 expressly authorizes release in either circumstance when
predicated on a court approved treatment plan encompassing, among other things,
4
periodic follow up reports to the court regard...
...d after a hearing that the defendant
who has been conditionally released under subsection (1) no longer
requires court-supervised follow up care, the court shall terminate its
jurisdiction in the cause and discharge the defendant.
§ 916.17(1), (3), Fla....
...Longboat Key
5
Beach Erosion Control Dist.,
604 So. 2d 452, 455 (Fla. 1992) (“Where possible,
courts must give full effect to all statutory provisions and construe related statutory
provisions in harmony with one another.”).1 Section
916.17 should not be read as
invalidating the five year before dismissal requirement of section
916.145.
In sum, while the court below was authorized to “discharge” Appellee from
her responsibility to further comply with the obli...
CopyPublished | Florida 5th District Court of Appeal | 2014 WL 92317, 2014 Fla. App. LEXIS 250
...his own recognizance. Petitioner’s counsel then filed a motion to set release conditions and later orally amended the motion to request Petitioner’s immediate release on his own recognizance. The court denied Petitioner’s request, finding that section
916.17, Florida Statutes (2012), did not apply and that Petitioner could be detained pursuant to section
903.0471, Florida Statutes (2012), as there was probable cause that he committed a new offense while on pretrial release....
...able cause to believe that defendant committed a new crime while on pretrial release. Although section
903.0471 authorizes revocation of a competent defendant’s release and the imposition of pretrial detention upon the commission of a new offense, section
916.17(2) appears to leave the judge only two options when an incompetent defendant violates the conditions of pretrial release: modify the conditions of release or involuntarily commit the defendant to the Department of Children and *1176 Families (DCF). See Douse v. State,
930 So.2d 838, 839 (Fla. 4th DCA 2006). Here, however, the trial court determined that section
916.17 did not apply because there was no indication that Petitioner’s competency might be restored pursuant to either involuntary commitment or outpatient treatment, and because it did not find that Petitioner was incapable of surviving alone or with the help of friends, or that he was likely to inflict serious bodily harm to himself or others. §
916.17(1), Fla....
...Therefore, the trial court detained Petitioner pursuant to section
903.0471, finding that there was probable cause that Petitioner committed a new offense while on pretrial release. While it appears the trial court may be correct in its determination that section
916.17 does not apply to incompetent defendants who cannot be restored to competency, the problem with its rationale is that such non-restorable defendants could theoretically be detained (solely for the purpose of protecting the public from...
CopyPublished | Florida 5th District Court of Appeal
...3d at 1223 (“Therefore,
Despaigne did not meet the criteria for involuntary commitment,
and the trial court departed from the essential requirements of law
by doing so.”). 3
3 DCF also correctly points out that under the conditional
release statute, codified at section 916.17, Florida Statutes, certain
prerequisites must be met before a defendant who has failed to
comply with the terms of conditional release may be involuntarily
committed to its care. Pertinent here, a trial court, after the
appointment and report of experts, may return the defendant to
DCF if it finds that the person meets the statutory criteria for
involuntary commitment. § 916.17(2), Fla....
...9.330 or
9.331.
_____________________________
clear and convincing evidence.”). We agree with DCF that the trial
court’s order cannot be affirmed under a “tipsy coachman” analysis
as the violation of the procedural requirements of section 916.17
here constituted a departure from the essential requirements of
law because it results in DCF having to expend funds to care for
and treat an individual who may not qualify for commitment.
6
CopyPublished | Florida 5th District Court of Appeal
...-CF-7495 and 2017-CF-4793. This matter is controlled by Smith v. State ,
247 So.3d 77 (Fla. 5th DCA 2018), where we stated: [W]here ... a defendant has been found incompetent to proceed and is then released upon conditions and commits a new offense, section
916.17(2)[, Florida Statutes (2018),] leaves the trial judge with only two options: modify the conditions of release or involuntarily commit the defendant to DCFS for treatment....
CopyPublished | Florida 5th District Court of Appeal | 2008 WL 5262716
...bition of a dangerous weapon or firearm. On October 3, 2001, he was adjudicated not guilty by reason of insanity. The trial court found that, at the time of the adjudication, Cordones did not meet the criteria for involuntary commitment. Pursuant to section 916.17, Florida Statutes (2001), [1] the trial court placed Cordones on conditional release requiring him, inter alia, to obtain outpatient treatment for his mental illness from Lakeside Alternative Mental Health Center (Lakeside) and to take psychotropic medication as prescribed by his attending psychiatrist....
...On July 30, 2008, Cordones was picked up and delivered to the Orange County jail where he was held without bond. Cordones' motion to be released on his own recognizance was denied on October 21, 2008. The trial court ordered Cordones to be reevaluated and scheduled a new hearing for December 22, 2008. Section 916.17(2), Florida Statutes (2007) provides that upon the filing of a sworn statement by any person that a defendant has failed to comply with the terms of his conditional release, the trial court shall hold a hearing within seven days after receipt of the sworn statement....
...d violated the terms of his conditional release. From the limited record before us, we see no lawful basis to support Cordones' detention. Writ of Habeas Corpus GRANTED. ORFINGER and MONACO, JJ., concur. NOTES [1] See also Fla. R.Crim. P. 3.219. [2] Section 916.17, Conditional Release....
...After the hearing, the court may modify the release conditions. The court may also order that the defendant be returned to the department if it is found, after the appointment and report of experts, that the person meets the criteria for involuntary commitment under s.
916.13 or s.
916.15. [3] §
916.17(3), Fla....
CopyPublished | Florida 1st District Court of Appeal | 2014 Fla. App. LEXIS 20564, 2014 WL 7184252
...(4) In all proceedings under this section, both the defendant and the state shall have the right to a hearing before the committing court_ Section
916.16 provides the trial court with continuing jurisdiction over a defendant it either involuntarily commits or places on conditional release pursuant to section
916.17. Section
916.17 mandates: (1) Except for an inmate currently serving a prison sentence, the committing court may order a conditional release of any defendant in lieu of an involuntary commitment to a facility pursuant to s....
...or persons to submit periodic reports to the court regarding the defendant’s compliance with the conditions of the release and progress in treatment, with copies to all parties. Related and overlapping with the dictates of sections
916.15 through
916.17 are Rules 3.217 and 3.219, Florida Rules of Criminal Procedure....
...table at the current time and does not present as a significant risk to self or others.” Under the circumstances and applicable statutes, the trial court had two remaining options available to it: order outpatient treatment or order discharge. See § 916.17; Fla....
...reaching an ultimate resolution of this case. Here, the record indicates that no release plan has been submitted. Under the applicable statutes and rules, however, a written release plan is a prerequisite for conditional or outpatient release under section 916.17 and Rule 3.219(a)....
...The trial court retains jurisdiction over Morrow should he be conditionally released and may modify the release conditions or order involuntary commitment if Morrow’s status changes and in the future he meets the criteria for involuntary commitment. See §§
916.16(2) and
916.17(2)....
...1st DCA 1988) (reversing order continuing involuntary commitment and remanding for further hearing at which “the court shall require the hospital administrator to produce a plan for providing Boclair appropriate outpatient care and treatment,” according to the dictates of section 916.17). Once a release plan or plans have been submitted, the trial court will at least have a starting point from which to proceed as required under section 916.17 and Rule 8.217(b) and may hold any hearings necessary to properly assess the efficacy of the proposed plan....
CopyPublished | Florida 2nd District Court of Appeal
...treatment only if
"the defendant meets the criteria for commitment as set forth
by statute." Fla. R. Crim. P. 3.212(c)(3)(A).
(Emphasis and citations omitted.)
As an alternative to residential commitment, section
916.17 authorizes a
form of "conditional release," under the continuing supervision of the trial court, in which
the incompetent defendant may receive treatment outside the confines of a section
916.13 residential commitment—but, here as...
...le, incompetent
defendant who is not eligible for commitment under section
916.13. Cf. Carmona,
159
So. 3d at 167 ("[T]he conditional release provisions of the statute and the rules
implementing the statute indicate that conditional release under section
916.17 is
appropriate only when a defendant meets the criteria for commitment to [DCF]."
(emphasis added) (quoting Amaya, 10 So....
...3d at
862 ("[A] criminal prosecution may not move forward at any material stage of a criminal
proceeding against a defendant who is incompetent to proceed." (quoting Caraballo,
39
So. 3d at 1252)), nor lawfully have the defendant committed to DCF under section
916.17, see C.Z., 201 So. 3d at 82-83 ("In our view, this subsection [of
916.17] does not
and is not intended to create a separate statutory foundation for use by a trial court to
order the Department [of Children and Families] to house and treat a mentally ill person
who has been found non-restorable to competency to stand trial....
