The 2023 Florida Statutes (including Special Session C)
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. . . commitment under section 916.13 was not authorized, he may still qualify for commitment under section 916.302 . . . may support a finding of intellectual disability that could then support his commitment under section 916.302 . . . consistent with this opinion, including determining whether Tanner qualifies for commitment under section 916.302 . . .
. . . ." § 916.302(1)(d), Fla. Stat. . . . Because Williams does not meet the criteria to be involuntarily committed pursuant to section 916.302 . . .
. . . Additionally, had the parties and the court proceeded under section 916.302 instead of section 916.13 . . .
. . . involuntary commitment based on clear and convincing evidence that the defendant has a mental illness); § 916.302 . . . involuntary commitment of a defendant determined to be incompetent to proceed due to mental illness); § 916.302 . . . conditions manifested only by antisocial behavior or substance abuse impairment. . comes from section 916.302 . . . and shows the only differences between the relevant portions of sections 916.13 and 916.302. . . . Section 916.13 discusses "mental illness” and "treatment,” while section 916.302 utilizes the terms " . . .
. . . The Agency also contends that Forestal cannot meet the criteria for commitment under section 916.302, . . .
. . . defendants with only mental retardation and conditions manifested only by antisocial behavior); see also § 916.302 . . .
. . . Dallas incompetent to proceed due to mental retardation and found that he meets the criteria in section 916.302 . . . STAT. § 916.302(2).” III. . . . training and the defendant will regain competency to proceed in the reasonably foreseeable future. § 916.302 . . . the [Agency], and the [Agency] shall retain and provide appropriate training for the defendant.” § 916.302 . . . forensic facility designated by the [Agency] for defendants who have mental retardation or autism.” § 916.302 . . .
. . . to stand trial due to his mental retardation, and he was involuntarily committed pursuant to section 916.302 . . . 1070, 1073 (Fla. 5th DCA 2005) (reversing mentally retarded defendant’s pretrial commitment under § 916.302 . . . governing dismissal of criminal charges is not limited to defendants who are committed under section 916.302 . . .
. . . defendant who has been committed to the department or agency pursuant to s. 916.13, s. 916.15, or s. 916.302 . . . Amaya does not qualify for commitment to DCF under section 916.13, 916.15, or 916.302; he is, therefore . . .
. . . This order is deficient because it contains no finding pursuant to subsection (d) of section 916.302( . . .
. . . incompetent to proceed, either because of mental retardation, pursuant to sections 916.106(12) and 916.302 . . .
. . . trial, it found he did not meet the statutory criteria for involuntary commitment pursuant to section 916.302 . . .
. . . commitment of someone who is retarded and adjudicated incompetent to proceed is governed by section 916.302 . . . because his previous non-violent burglaries did not rise to the level of danger required by section 916.302 . . . Before a retarded, incompetent defendant can be involuntarily committed, section 916.302(l)(b) requires . . . or another person, as evidenced by recent behavior causing, attempting or threatening such harm.” § 916.302 . . .