Florida Statute 394.9135 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIX
PUBLIC HEALTH

Chapter 394
MENTAL HEALTH

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F.S. 394.9135

394.9135 Immediate releases from total confinement; transfer of person to department; time limitations on assessment, notification, and filing petition to hold in custody; filing petition after release; order into custody of department after release.—

(1)(a) If the anticipated release from total confinement of a person who has been convicted of a sexually violent offense becomes immediate for any reason, the agency with jurisdiction shall upon immediate release from total confinement transfer that person to the custody of the department to be held in an appropriate secure facility.

(b) If a person who committed a sexually violent offense and who is serving an incarcerative sentence under the custody of the Department of Corrections, the Department of Juvenile Justice, or a local detention facility, or who is committed to the custody of the department due to an adjudication of not guilty by reason of insanity is released, the state attorney, as designated in s. 394.913, may file a petition with the circuit court within 120 hours after the person’s release alleging that:

1. Section 394.9125, s. 394.913, or this section requires that the person be referred for consideration for civil commitment before release and the person was not referred because of a mistake, oversight, or intentional act; or

2. The person was referred for commitment consideration but, through a mistake, oversight, or intentional act, was released rather than transferred to the custody of the Department of Children and Families as required by this part.

If the judge determines that there is probable cause to believe that the person was released in contravention of s. 394.913 or this section, the judge shall order the person to be taken into custody and delivered to an appropriate secure facility designated by the Department of Children and Families.

(2) Within 72 hours after transfer pursuant to paragraph (1)(a) or receipt into the department’s custody pursuant to paragraph (1)(b) or s. 394.9125(4), the multidisciplinary team shall assess whether the person meets the definition of a sexually violent predator. If the multidisciplinary team determines that the person does not meet the definition of a sexually violent predator, that person shall be immediately released. If at least two members of the multidisciplinary team, after all clinical evaluations have been conducted, determine that the person meets the definition of a sexually violent predator, the team shall provide the state attorney, as designated by s. 394.913, with its written assessment and recommendation within the 72-hour period or, if the 72-hour period ends after 5 p.m. on a working day or on a weekend or holiday, within the next working day.

(3) Within 48 hours after receipt of the written assessment and recommendation from the multidisciplinary team, the state attorney, as designated in 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 the allegation. If a petition is not filed within 48 hours after receipt of the written assessment and recommendation by the state attorney, the person shall be immediately released, except that, if the 48-hour period ends after 5 p.m. on a working day or on a weekend or holiday, the petition may be filed on the next working day without resulting in the person’s release. If a petition is filed pursuant to this section and 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 be maintained in custody and held in an appropriate secure facility for further proceedings in accordance with this part.

(4) This section is not jurisdictional, and failure to comply with the time limitations which results in the release of a person who has been convicted of a sexually violent offense is not dispositive of the case and does not prevent the state attorney from proceeding against a person otherwise subject to this part.

History.—s. 7, ch. 99-222; s. 2, ch. 2012-79; s. 4, ch. 2014-2; s. 103, ch. 2014-19.

F.S. 394.9135 on Google Scholar

F.S. 394.9135 on Casetext

Amendments to 394.9135

Arrestable Offenses / Crimes under Fla. Stat. 394.9135

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 394.9135.

Annotations, Discussions, Cases:

Cases Citing Statute 394.9135

Total Results: 20

William Junior Barber v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2016-06-30

Citation: 207 So. 3d 910, 2016 Fla. App. LEXIS 10126

Snippet: issuing a de-tainer against him. See § 394.9135(1), Fla. Stat. At approximately 9:35 p.m., Barber

Insko v. State

Court: District Court of Appeal of Florida | Date Filed: 2015-12-30

Citation: 181 So. 3d 1260, 2015 Fla. App. LEXIS 19431, 2015 WL 9487590

Snippet: initiated commitment proceedings under section 394.9135(1) Florida Statutes (2004), by transferring him

Jackson v. State

Court: District Court of Appeal of Florida | Date Filed: 2015-06-17

Citation: 166 So. 3d 906, 2015 Fla. App. LEXIS 9208, 2015 WL 3757071

Snippet: the definition of a sexually violent predator. § 394.9135(1), (2). If it determines that the person does

State of Florida v. Victor Reed

Court: Supreme Court of Florida | Date Filed: 2015-04-09

Citation: 161 So. 3d 397, 40 Fla. L. Weekly Supp. 197, 2015 Fla. LEXIS 713

Snippet: COMMITMENT PROCESS IS INITIATED UNDER SECTION 394.9135, FLORIDA STATUTES, AFTER THE PERSON’S SENTENCE

Victor Reed v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2014-08-07

Citation: 159 So. 3d 845, 2014 WL 3865842, 2014 Fla. App. LEXIS 12138

Snippet: release from total confinement; or (2) under section 394.9135, Florida Statutes, by transferring the person

Morel v. State

Court: District Court of Appeal of Florida | Date Filed: 2014-05-14

Citation: 138 So. 3d 1122, 2014 WL 1908830, 2014 Fla. App. LEXIS 7108

Snippet: interpreting the immediate release provision, section 394.9135(1) of the Jimmy Ryce Act, and its application

State v. Phillips

Court: Supreme Court of Florida | Date Filed: 2013-04-04

Citation: 119 So. 3d 1233, 38 Fla. L. Weekly Supp. 211, 2013 Fla. LEXIS 567, 2013 WL 1338042

Snippet: Florida Civil Commitment Center pursuant to section 394.9135(1), Florida Statutes (2005). The Department of

Evans v. State

Court: District Court of Appeal of Florida | Date Filed: 2013-01-25

Citation: 125 So. 3d 799, 2013 WL 275231, 2013 Fla. App. LEXIS 1038

Snippet: proceedings against Evans, relying on section 394.9135, Florida Statutes. That statute provides: (1)

Anderson v. State

Court: District Court of Appeal of Florida | Date Filed: 2012-08-09

Citation: 93 So. 3d 1201, 2012 WL 3210623, 2012 Fla. App. LEXIS 13241

Snippet: release from total confinement” *1220under section 394.9135(1), Florida Statutes (2004). Larimore, 2 So.3d

Morel v. Wilkins

Court: Supreme Court of Florida | Date Filed: 2012-03-08

Citation: 84 So. 3d 226, 37 Fla. L. Weekly Supp. 161, 2012 WL 739209, 2012 Fla. LEXIS 490

Snippet: immediate release provisions set forth in section 394.9135, Florida Statutes (2002), Morel was then transferred

Boatman v. State

Court: Supreme Court of Florida | Date Filed: 2011-12-15

Citation: 77 So. 3d 1242, 36 Fla. L. Weekly Supp. 728, 2011 Fla. LEXIS 2877, 2011 WL 6220660

Snippet: person’s incarcerative sentence expires.” Id. Section 394.9135 provides for expedited procedures when the anticipated

In Re Commitment of Phillips

Court: District Court of Appeal of Florida | Date Filed: 2010-12-01

Citation: 69 So. 3d 951, 2010 Fla. App. LEXIS 18311

Snippet: Florida Civil Commitment Center pursuant to section 394.9135(1), Florida Statutes (2005).3 The Department of

Bishop v. Sheldon

Court: District Court of Appeal of Florida | Date Filed: 2010-12-01

Citation: 68 So. 3d 259, 2010 Fla. App. LEXIS 18333, 2010 WL 4861512

Snippet: released for some reason as provided in section 394.9135(1). While Bishop argues that the State initiated

Madison v. State

Court: District Court of Appeal of Florida | Date Filed: 2009-07-16

Citation: 27 So. 3d 61, 2009 Fla. App. LEXIS 9667, 2009 WL 2048920

Snippet: Children and Family Services pursuant to section 394.9135, Florida Statutes, after which a multidisciplinary

Marsh v. State

Court: District Court of Appeal of Florida | Date Filed: 2009-06-24

Citation: 14 So. 3d 1214, 2009 Fla. App. LEXIS 8511, 2009 WL 1766642

Snippet: release from total confinement" under section 394.9135(1), Florida Statutes (2004). (Emphasis added;

Larimore v. State

Court: Supreme Court of Florida | Date Filed: 2009-01-29

Citation: 2 So. 3d 101, 2008 WL 5170550

Snippet: 719. The Gordon court also found that section 394.9135 provides a "safety valve for a situation where

Ward v. State

Court: District Court of Appeal of Florida | Date Filed: 2006-08-16

Citation: 936 So. 2d 1143, 2006 WL 2356073

Snippet: potential committees under the Act)(emphasis added); § 394.9135, Fla. Stat. (1999)(providing that in the event

Kephart v. Hadi

Court: Supreme Court of Florida | Date Filed: 2006-06-08

Citation: 932 So. 2d 1086, 2006 WL 1548026

Snippet: multidisciplinary team shall assess the person. § 394.9135(2), Fla. Stat. (2002). Finally, the trial court

Larimore v. State

Court: District Court of Appeal of Florida | Date Filed: 2005-12-29

Citation: 917 So. 2d 354, 2005 WL 3543920

Snippet: 394.914, Fla. Stat. (1999). In addition, section 394.9135, Florida Statutes (1999) (a new section created

Moore v. State

Court: District Court of Appeal of Florida | Date Filed: 2005-08-26

Citation: 909 So. 2d 500, 2005 WL 2043517

Snippet: proceed against the defendant in light of section 394.9135(4), Florida Statutes, which states: "The provisions