Florida Statute 916.17 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 916
MENTALLY ILL AND INTELLECTUALLY DISABLED DEFENDANTS

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F.S. 916.17

916.17 Conditional release.—

(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. 916.13 or s. 916.15 based upon an approved plan for providing appropriate outpatient care and treatment. Upon a recommendation that outpatient treatment of the defendant is appropriate, a written plan for outpatient treatment, including recommendations from qualified professionals, must be filed with the court, with copies to all parties. Such a plan may also be submitted by the defendant and filed with the court with copies to all parties. The plan shall include:

(a) Special provisions for residential care or adequate supervision of the defendant.

(b) Provisions for outpatient mental health services.

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

In its order of conditional release, the court shall specify the conditions of release based upon the release plan and shall direct the appropriate agencies or persons to submit periodic reports to the court regarding the defendant’s compliance with the conditions of the release and progress in treatment, with copies to all parties.

(2) Upon the filing of an affidavit or statement under oath by any person that the defendant has failed to comply with the conditions of release, that the defendant’s condition has deteriorated to the point that inpatient care is required, or that the release conditions should be modified, the court shall hold a hearing within 7 days after receipt of the affidavit or statement under oath. 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) 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.

History.—s. 1, ch. 80-75; s. 37, ch. 85-167; s. 1534, ch. 97-102; s. 21, ch. 98-92; s. 16, ch. 2006-195.

F.S. 916.17 on Google Scholar

F.S. 916.17 on CourtListener

Amendments to 916.17

Annotations, Discussions, Cases:

Cases Citing Statute 916.17

Total Results: 38

Thompson v. Crawford

479 So. 2d 169, 10 Fla. L. Weekly 2597

District Court of Appeal of Florida | Filed: Nov 20, 1985 | Docket: 1514375

Cited 12 times | Published

released conditionally to the community under section 916.17(1), Florida Statutes (1981), in accordance

In Re Amend. to Fla. Rules of Cr. Proc.

606 So. 2d 227, 1992 WL 246494

Supreme Court of Florida | Filed: Sep 24, 1992 | Docket: 2191048

Cited 9 times | Published

(Supp. 1980) [designated as Fla.St. 1980, Supp. § 916.17]. 1988 Amendment. The amendments to this rule

Department of Children & Family Services v. Amaya

10 So. 3d 152, 2009 Fla. App. LEXIS 2487, 2009 WL 763584

District Court of Appeal of Florida | Filed: Mar 25, 2009 | Docket: 1642315

Cited 7 times | Published

and placed him on conditional release under section 916.17, Florida Statutes (2008). The trial court ordered

Facyson v. Jenne

821 So. 2d 1169, 2002 WL 1586980

District Court of Appeal of Florida | Filed: Jul 19, 2002 | Docket: 1236200

Cited 5 times | Published

jail longer than the fifteen days allowed by section 916.017(1)(a), Florida Statutes. All of the affected

Tavares v. State

871 So. 2d 974, 2004 WL 741443

District Court of Appeal of Florida | Filed: Apr 8, 2004 | Docket: 1300376

Cited 4 times | Published

for a conditional release in accordance with section 916.17, Florida Statutes (2003). The trial court,

Douse v. State

930 So. 2d 838, 2006 WL 1626908

District Court of Appeal of Florida | Filed: Jun 12, 2006 | Docket: 1749607

Cited 3 times | Published

his schizophrenia. Counsel argued that under section 916.17, the court has but two options: (1) modify

STATE, DHRS v. Stoutamire

602 So. 2d 564

District Court of Appeal of Florida | Filed: May 6, 1992 | Docket: 1321720

Cited 3 times | Published

custody pursuant to a conditional release order. See § 916.17, Fla. Stat. (1991); Fla. R.Crim.P. 3.219. Unfortunately

Thomas v. State

443 So. 2d 406

District Court of Appeal of Florida | Filed: Jan 4, 1984 | Docket: 1746626

Cited 3 times | Published

the conditional release program codified in Section 916.17, Florida Statutes (1981) and Rule 3.219 of

McCray v. State

230 So. 3d 495

District Court of Appeal of Florida | Filed: Aug 4, 2017 | Docket: 60294207

Cited 2 times | Published

program of conditional release pursuant to section 916.17, Florida Statutes (2014). Mr, McCray filed

Boclair v. State

524 So. 2d 467, 1988 WL 36077

District Court of Appeal of Florida | Filed: Apr 26, 1988 | Docket: 1340487

Cited 2 times | Published

by the Hill court has since been codified at Section 916.17, Florida Statutes (1985) which authorizes the

McCray v. State

230 So. 3d 495

District Court of Appeal of Florida | Filed: Aug 4, 2017 | Docket: 6132935

Cited 1 times | Published

program of conditional release pursuant to section 916.17, Florida Statutes (2014). Mr. McCray filed

Miller v. State

960 So. 2d 7, 2007 WL 121561

District Court of Appeal of Florida | Filed: Jan 19, 2007 | Docket: 1404852

Cited 1 times | Published

lieu of involuntary commitment, pursuant to section 916.17. That is not necessarily so. Rule 3.212, Florida

DEPARTMENT OF CHILDREN AND FAMILIES v. DEBORAH KIRSHNER AND STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Feb 2, 2024 | Docket: 68218534

Published

the conditional release statute, codified at section 916.17, Florida Statutes, certain prerequisites must

STATE OF FLORIDA v. CHARLES MORRIS

District Court of Appeal of Florida | Filed: Jun 3, 2020 | Docket: 17218379

Published

providing appropriate outpatient care and treatment.” § 916.17(1), Fla. Stat. (2006) (emphasis added). Thus

ALI MARINO v. STATE OF FLORIDA and GREGORY TONY, as Sheriff of Broward County

District Court of Appeal of Florida | Filed: Jul 17, 2019 | Docket: 15928486

Published

who was conditionally released pursuant to section 916.17, Florida Statutes. That statute governs conditional

CHRISTOPHER SCHOFIELD v. GRADY C. JUDD, SHERIFF OF POLK COUNTY

268 So. 3d 890

District Court of Appeal of Florida | Filed: Apr 3, 2019 | Docket: 14865434

Published

As an alternative to residential commitment, section 916.17 authorizes a form of "conditional release

Dodd v. State

259 So. 3d 311

District Court of Appeal of Florida | Filed: Dec 6, 2018 | Docket: 64699104

Published

upon conditions and commits a new offense, section 916.17(2)[, Florida Statutes (2018),] leaves the trial

Dep't of Children & Families v. Jones

246 So. 3d 1307

District Court of Appeal of Florida | Filed: Jul 12, 2018 | Docket: 64681808

Published

remand this case for further proceedings under section 916.17, Florida Statutes (2018). The lower court shall

Dep't of Children & Families v. Jones

246 So. 3d 1306

District Court of Appeal of Florida | Filed: Jul 12, 2018 | Docket: 64681806

Published

remand this case for further proceedings under section 916.17, Florida Statutes (2018). The lower court shall

DCF v. Jerome Jones and State of Florida

District Court of Appeal of Florida | Filed: Jul 9, 2018 | Docket: 7481530

Published

remand this case for further proceedings under section 916.17, Florida Statutes (2018). The lower court shall

DCF v. Jerome Jones and State of Florida

District Court of Appeal of Florida | Filed: Jul 9, 2018 | Docket: 7481529

Published

remand this case for further proceedings under section 916.17, Florida Statutes (2018). The lower court shall

Tysheona Smith v. State - corrected 5/11/18

247 So. 3d 77

District Court of Appeal of Florida | Filed: May 7, 2018 | Docket: 6773024

Published

upon conditions and commits a new offense, section 916.17(2)[,Florida Statutes,] leaves the trial judge

State v. Carey

212 So. 3d 448, 2017 Fla. App. LEXIS 209

District Court of Appeal of Florida | Filed: Jan 11, 2017 | Docket: 4565892

Published

necessarily reject Appellee’s argument that section 916.17 of the Florida Statutes conferred discretion

McCray v. State

200 So. 3d 1296, 2016 Fla. App. LEXIS 14829, 2016 WL 5845694

District Court of Appeal of Florida | Filed: Oct 5, 2016 | Docket: 4469182

Published

conditional release previously imposed pursuant to section 916.17, Florida Statutes (2014). To the extent he

Charles Michael Phillips v. State of Florida

178 So. 3d 468, 2015 Fla. App. LEXIS 15634, 2015 WL 6160697

District Court of Appeal of Florida | Filed: Oct 21, 2015 | Docket: 2991043

Published

Florida Rule of Criminal Procedure. 3.219 and section 916.17, Florida Statutes (2004), placing Phillips

Department of Children & Families v. State

201 So. 3d 78, 2015 Fla. App. LEXIS 13447

District Court of Appeal of Florida | Filed: Sep 9, 2015 | Docket: 2757117

Published

was through conditional release, pursuant to section 916.17 of the Florida Statutes and Florida Rules of

Ted Smith v. State of Florida

District Court of Appeal of Florida | Filed: May 26, 2015 | Docket: 2659775

Published

conditional release may be modified as required by section 916.17(2), Florida Statutes. Petitioner fails to

Smith v. State

165 So. 3d 781, 2015 Fla. App. LEXIS 7834, 2015 WL 2436772

District Court of Appeal of Florida | Filed: May 22, 2015 | Docket: 60248241

Published

conditional release may be modified as required by section 916.17(2), Florida Statutes. Petitioner fails to demonstrate

Department of Children & Families v. Carmona

159 So. 3d 165, 2015 Fla. App. LEXIS 1198, 2015 WL 403987

District Court of Appeal of Florida | Filed: Jan 30, 2015 | Docket: 2629742

Published

Previously Adjudged Incompetent to Proceed Pursuant to § 916.17 Fla. Stat.” Included in that order was the finding

Morrow v. State

153 So. 3d 402, 2014 Fla. App. LEXIS 20564, 2014 WL 7184252

District Court of Appeal of Florida | Filed: Dec 18, 2014 | Docket: 60245242

Published

on conditional release pursuant to section 916.17. Section 916.17 mandates: (1) Except for an inmate

Paolercio v. State

129 So. 3d 1174, 2014 WL 92317, 2014 Fla. App. LEXIS 250

District Court of Appeal of Florida | Filed: Jan 10, 2014 | Docket: 60237321

Published

court denied Petitioner’s request, finding that section 916.17, Florida Statutes (2012), did not apply and

Nelson v. State

126 So. 3d 442, 2013 WL 5989160, 2013 Fla. App. LEXIS 18017

District Court of Appeal of Florida | Filed: Nov 13, 2013 | Docket: 60236450

Published

care. See Fla. R. Crim. P. 3.219(c); see also § 916.17(3), Fla. Stat. (2013). He argues that he presented

Furqan v. State

91 So. 3d 913, 2012 WL 2614549, 2012 Fla. App. LEXIS 10868

District Court of Appeal of Florida | Filed: Jul 6, 2012 | Docket: 60310022

Published

Florida Rule of Criminal Procedure 3.219 and section 916.17(1), Florida Statutes (2010). This omission

CORDONES v. State

997 So. 2d 496, 2008 WL 5262716

District Court of Appeal of Florida | Filed: Dec 19, 2008 | Docket: 1720795

Published

criteria for involuntary commitment. Pursuant to section 916.17, Florida Statutes (2001),[1] the trial court

Douse v. Bradshaw

938 So. 2d 579, 2006 Fla. App. LEXIS 15485, 2006 WL 2683113

District Court of Appeal of Florida | Filed: Sep 20, 2006 | Docket: 64847067

Published

for the trial judge to select the appropriate section 916.17(2) option. While it may be advisable to have

Amendments to the Florida Rules of Criminal Procedure

794 So. 2d 457, 2000 Fla. LEXIS 2556, 2000 WL 1637548

Supreme Court of Florida | Filed: Nov 2, 2000 | Docket: 64808411

Published

statute providing for conditional release, see section 916.17, Florida Statutes. 1988 Amendment. The amendments

Johnson v. State

536 So. 2d 1054, 1988 WL 99515

District Court of Appeal of Florida | Filed: Sep 29, 1988 | Docket: 198035

Published

providing adequate outpatient supervision, pursuant to § 916.17, Florida Statutes (1987). Only then can it determine

Jones v. State

450 So. 2d 604, 1984 Fla. App. LEXIS 13261

District Court of Appeal of Florida | Filed: Jun 1, 1984 | Docket: 64604992

Published

conditional release did not meet the criteria of section 916.17, Florida Statutes (1983), and Florida Rule