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Florida Statute 916.17 | Lawyer Caselaw & Research
F.S. 916.17 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 916.17

The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 916
MENTALLY ILL AND INTELLECTUALLY DISABLED DEFENDANTS
View Entire Chapter
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 Casetext

Amendments to 916.17


Arrestable Offenses / Crimes under Fla. Stat. 916.17
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 916.17.



Annotations, Discussions, Cases:

Cases from cite.case.law:

SCHOFIELD, v. C. JUDD,, 268 So. 3d 890 (Fla. App. Ct. 2019)

. . . As an alternative to residential commitment, section 916.17 authorizes a form of "conditional release . . . the statute and the rules implementing the statute indicate that conditional release under section 916.17 . . . 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 . . .

O. DODD, v. STATE A., 259 So. 3d 311 (Fla. App. Ct. 2018)

. . . found incompetent to proceed and is then released upon conditions and commits a new offense, section 916.17 . . .

DEPARTMENT OF CHILDREN AND FAMILIES, v. JONES, 246 So. 3d 1306 (Fla. App. Ct. 2018)

. . . Families' petition for writ of certiorari and remand this case for further proceedings under section 916.17 . . . Jones from custody of the department or conduct a hearing pursuant to section 916.17(2) within seven . . .

DEPARTMENT OF CHILDREN AND FAMILIES, v. JONES, 246 So. 3d 1307 (Fla. App. Ct. 2018)

. . . Families' petition for writ of certiorari and remand this case for further proceedings under section 916.17 . . . Jones from custody of the department or conduct a hearing pursuant to section 916.17(2) within seven . . .

SMITH, v. STATE A., 247 So. 3d 77 (Fla. App. Ct. 2018)

. . . found incompetent to proceed and is then released upon conditions and commits a new offense, section 916.17 . . . the trial court should hold an immediate hearing to make the appropriate determination under section 916.17 . . .

MCCRAY, v. STATE, 230 So. 3d 495 (Fla. Dist. Ct. App. 2017)

. . . The trial court, however, continued a program of conditional release pursuant to section 916.17, Florida . . . commitment under section 916.13,” he was ineligible “for placement on conditional release under section 916.17 . . . before us: (1) struck the prior order placing Mr, McCray on conditional release pursuant to section 916.17 . . . The trial court’s order avoids imposition of conditional release under section 916.17. . . .

STATE v. CAREY,, 212 So. 3d 448 (Fla. Dist. Ct. App. 2017)

. . . In reaching this conclusion we necessarily reject Appellee’s argument that section 916.17 of the Florida . . . Section 916.17 expressly authorizes release in either circumstance when predicated on a court approved . . . follow up care, the court shall terminate its jurisdiction in the cause and discharge the defendant. § 916.17 . . . Section 916.17 should not be read as invalidating the five year before dismissal requirement of section . . .

D. McCRAY, v. STATE, 200 So. 3d 1296 (Fla. Dist. Ct. App. 2016)

. . . continued, with modifications, a program of conditional release previously imposed pursuant to section 916.17 . . . under section 916.13 and therefore was not eligible for placement on conditional release under section 916.17 . . . See § 916.17 (providing for placement on a program of conditional release “in lieu of’ placement in involuntary . . . Carmona, 159 So.3d 165, 167 (Fla. 2d DCA 2015) (“[Conditional release under section 916.17 is appropriate . . .

PHILLIPS, v. STATE, 178 So. 3d 468 (Fla. Dist. Ct. App. 2015)

. . . the trial .court entered an order, pursuant-to Florida Rule of Criminal Procedure. 3.219 and section 916.17 . . . 2007 that hospitalization no longer was required, Phillips was placed. on conditional release, Section 916.17 . . . Subsection (1) of 916.17 and Rule 3.219(a) of the Florida‘Rules of Criminal Procedure direct the court . . . In such a case, the court may order involuntary treatment, including re-hospitalization. § 916.17(2), . . .

DEPARTMENT OF CHILDREN AND FAMILIES, v. STATE C. Z., 201 So. 3d 78 (Fla. Dist. Ct. App. 2015)

. . . court had available to provide placement for C.Z. was through conditional release, pursuant to section 916.17 . . . doing, the trial judge acknowledged the only possible authority to support her decision was section 916.17 . . . met these criteria and is thereby subject to being committed to the Department for treatment, section 916.17 . . . As in Carmo-na, and as we decide today, that Court found that “Section 916.17 provides an alternative . . . In the instant case, the trial court used section 916.17 as its statutory authority to find a placement . . .

SMITH, v. STATE, 165 So. 3d 781 (Fla. Dist. Ct. App. 2015)

. . . petition alleging grounds upon which his conditional release may be modified as required by section 916.17 . . .

DEPARTMENT OF CHILDREN AND FAMILIES, v. CARMONA, 159 So. 3d 165 (Fla. Dist. Ct. App. 2015)

. . . Release and Temporary Placement of Defendant Previously Adjudged Incompetent to Proceed Pursuant to § 916.17 . . . ’s care at these facilities and stated that this was to be considered a release pursuant to section 916.17 . . . met these criteria and is thereby subject to being committed to the Department for treatment, section 916.17 . . . the statute and the rules implementing the statute indicate that conditional release under section 916.17 . . .

MORROW, v. STATE, 153 So. 3d 402 (Fla. Dist. Ct. App. 2014)

. . . 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 . . . Related and overlapping with the dictates of sections 916.15 through 916.17 are Rules 3.217 and 3.219 . . . See § 916.17; Fla. R. Crim. P. 3.217(b); see also Tavares v. . . . See §§ 916.16(2) and 916.17(2). . . .

STATE v. MIRANDA,, 137 So. 3d 1133 (Fla. Dist. Ct. App. 2014)

. . . Part II of Chapter 916 (sections 916.111 to 916.17) addresses forensic services for mentally ill defendants . . .

PAOLERCIO, v. STATE, 129 So. 3d 1174 (Fla. Dist. Ct. App. 2014)

. . . The court denied Petitioner’s request, finding that section 916.17, Florida Statutes (2012), did not . . . defendant’s release and the imposition of pretrial detention upon the commission of a new offense, section 916.17 . . . Here, however, the trial court determined that section 916.17 did not apply because there was no indication . . . with the help of friends, or that he was likely to inflict serious bodily harm to himself or others. § 916.17 . . . While it appears the trial court may be correct in its determination that section 916.17 does not apply . . .

FURQAN, v. STATE, 136 So. 3d 636 (Fla. Dist. Ct. App. 2013)

. . . shall retain jurisdiction in the case of any defendant placed on conditional release pursuant to s. 916.17 . . .

NELSON, v. STATE, 126 So. 3d 442 (Fla. Dist. Ct. App. 2013)

. . . P. 3.219(c); see also § 916.17(3), Fla. Stat. (2013). . . . Section 916.17(3), Florida Statutes (2012), specifically provides: If at any time it is determined after . . .

FURQAN, v. STATE, 91 So. 3d 913 (Fla. Dist. Ct. App. 2012)

. . . fully-formed release plan as that plan is described in Florida Rule of Criminal Procedure 3.219 and section 916.17 . . .

In PENA, 456 B.R. 451 (Bankr. E.D. Cal. 2011)

. . . The regular monthly mortgage payments are stated to be $916.17. . . .

DEPARTMENT OF CHILDREN AND FAMILY SERVICES, v. AMAYA, 10 So. 3d 152 (Fla. Dist. Ct. App. 2009)

. . . criminal defendant Israel Amaya to DCF’s legal custody and placed him on conditional release under section 916.17 . . . is hereby released and is hereby committed to the Department of Children & Families, pursuant to s. 916.17 . . . The trial court purported to commit Amaya to DCF pursuant to section 916.17, which provides: (1) Except . . . Section 916.17 provides an alternative to placement in a treatment facility for defendants committed . . . Florida Rule of Criminal 3.219(a), which implements the conditional release of section 916.17, provides . . .

CORDONES, v. STATE, 997 So. 2d 496 (Fla. Dist. Ct. App. 2008)

. . . Pursuant to section 916.17, Florida Statutes (2001), the trial court placed Cor-dones on conditional . . . Section 916.17(2), Florida Statutes (2007) provides that upon the filing of a sworn statement by any . . . Section 916.17, Conditional Release. (2) Upon the filing of an affidavit or statement under oath by any . . . experts, that the person meets the criteria for involuntary commitment under s. 916.13 or s. 916.15. .§ 916.17 . . .

J. MILLER, v. STATE, 960 So. 2d 7 (Fla. Dist. Ct. App. 2007)

. . . was on conditional release, he was so placed in lieu of involuntary commitment, pursuant to section 916.17 . . . See also § 916.17(2), Fla. . . .

DOUSE, Jr. v. L. BRADSHAW,, 938 So. 2d 579 (Fla. Dist. Ct. App. 2006)

. . . the extent of requiring an immediate hearing for the trial judge to select the appropriate section 916.17 . . .

DOUSE, Jr. v. STATE L., 930 So. 2d 838 (Fla. Dist. Ct. App. 2006)

. . . Counsel argued that under section 916.17, the court has but two options: (1) modify conditions of pretrial . . . found incompetent to proceed and is then released upon conditions and commits a new offense, section 916.17 . . . here, and the State establishes that no conditions can be fashioned to protect the community, section 916.17 . . . the extent of requiring an immediate hearing for the trial judge to select the appropriate section 916.17 . . .

TAVARES, v. STATE, 871 So. 2d 974 (Fla. Dist. Ct. App. 2004)

. . . Tavares argued for a conditional release in accordance with section 916.17, Florida Statutes (2003). . . .

AMENDMENTS TO THE FLORIDA RULES OF CRIMINAL PROCEDURE, 794 So. 2d 457 (Fla. 2000)

. . . For complementary statute providing for conditional release, see section 916.17, Florida Statutes. 1988 . . .

In AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE, 606 So. 2d 227 (Fla. 1992)

. . . release, see Ssection 925,-27916.17, Florida Statutes (Supp,_1980) [designated as Fla.St.1980, Supp, § 916.17 . . .

STATE DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, v. R. STOUTAMIRE, E., 602 So. 2d 564 (Fla. Dist. Ct. App. 1992)

. . . See § 916.17, Fla.Stat. (1991); Fla. R.Crim.P. 3.219. . . .

JOHNSON, v. STATE, 536 So. 2d 1054 (Fla. Dist. Ct. App. 1988)

. . . practical and conceivable conditional release plan providing adequate outpatient supervision, pursuant to § 916.17 . . .

BOCLAIR, v. STATE, 524 So. 2d 467 (Fla. Dist. Ct. App. 1988)

. . . This suggestion by the Hill court has since been codified at Section 916.17, Florida Statutes (1985) . . . See Section 916.17(l)(a)-(c), Florida Statutes (1985). . . .

THOMPSON, v. CRAWFORD,, 479 So. 2d 169 (Fla. Dist. Ct. App. 1985)

. . . hospitalization or, alternatively, asking that Thompson be released conditionally to the community under section 916.17 . . . On April 27,1982, Thompson filed a “Motion for Conditional Release Pursuant to F.S. 916.17(1).” . . .

JONES, v. STATE, 450 So. 2d 604 (Fla. Dist. Ct. App. 1984)

. . . decision that defendant’s proposed plan for conditional release did not meet the criteria of section 916.17 . . .

THOMAS, v. STATE, 443 So. 2d 406 (Fla. Dist. Ct. App. 1984)

. . . correct vehicle to bring up an order involving the conditional release program codified in Section 916.17 . . . requirements regarding the preparation of an adequate plan for release as set forth in F.R.Cr.P. 3.219, F.S. 916.17 . . .

v., 10 T.C. 44 (T.C. 1948)

. . . from annuity contract” and of this amount has included in petitioner’s gross income the amount of $916.17 . . .