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: Fla. Dist. Ct. App. | Date Filed: 2016-06-30T00:00:00-07:00

Citation: 207 So. 3d 910

Snippet: issuing a de-tainer against him. See § 394.9135(1), Fla. Stat. At approximately 9:35 p.m., Barber…sexual predator under the Act. See § 394.9135(2), Fla. Stat. The next day, September 16, 2014… a sexually violent predator. Id. § 394.9135(3). 1 *912 Almost six months…petition complied with the requirements of section 394.9135(l)(a), Florida Statutes. As the State concedes…thereby rendering compliance with other subsections (394.9135(l)(b), 394.9125(1), and 394.9125(2)) immaterial

Insko v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2015-12-30T00:00:00-08:00

Citation: 181 So. 3d 1260

Snippet: initiated commitment proceedings under section 394.9135(1) Florida Statutes (2004), by transferring him… initiate commitment proceedings under section 394.9135(1) prior to the expiration of an incarcerative… We hold that lawful custody under section 394.9135(1) requires the State to initiate commitment proceedings…individual’s incarcerative sentence pursuant to section 394.9135(1). Conversely, if the State first initiates commitment…commitment proceedings *1263 under section 394.9135(1) after the actual expiration of sentence date

Jackson v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2015-06-17T00:00:00-07:00

Citation: 166 So. 3d 906

Snippet: the definition of a sexually violent predator. § 394.9135(1), (2). If it determines that the person does…“that person shall be immediately released.” § 394.9135(3). If the person is determined to meet the definition…question by clear and convincing evidence. §§ .394.9135(3), 394.915, 394.916(1), 394.917(1). If the judge

State of Florida v. Victor Reed

Court: Fla. | Date Filed: 2015-04-09T00:00:00-07:00

Citation: 161 So. 3d 397

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

Victor Reed v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2014-08-07T00:00:00-07:00

Citation: 159 So. 3d 845

Snippet: the commitment process under section 394.9135. Section 394.9135(1) provides that when a person who …release from total confinement; or (2) under section 394.9135, Florida Statutes, by transferring the person … We hold that lawful custody under section 394.9135(1) requires the State to initiate commitment proceedings…’s in-carcerative sentence pursuant to section 394.9135(1). Conversely, if the State first initiates commitment… commitment proceedings under section 394.9135(1) after the actual expiration of sentence date — which

Morel v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2014-05-14T00:00:00-07:00

Citation: 138 So. 3d 1122

Snippet: interpreting the immediate release provision, section 394.9135(1) of the Jimmy Ryce Act, and its application …to be held in an appropriate secure facility. § 394.9135(1), Fla. Stat. (2012). Recently in State v. Phillips…the Florida Supreme Court concluded: [S]ection 394.9135 was enacted as a safety valve for certain situations…authorize the State to first travel under section 394.9135 after an inmate’s sentence expires. To the contrary…contrary, the staff analyses explain that section 394.9135 addresses situations where a release “will become

State v. Phillips

Court: Fla. | Date Filed: 2013-04-04T00:00:00-07:00

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

Snippet: custody” under section 394.9135. In Larimore, we stated that section 394.9135(1), “would occur, for example…court below does not render section 394.9135 meaningless. Section 394.9135 “would apply where an inmate is…Florida Civil Commitment Center pursuant to section 394.9135(1), Florida Statutes (2005). The Department of…commences commitment proceedings pursuant to section 394.9135(1), Florida Statutes (2005), of the Involuntary… Department of Corrections (DOC)), and section 394.9135 (involving the transfer of the individual to the

Evans v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2013-01-25T00:00:00-08:00

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) …we do not reach the question of whether section 394.9135, Florida Statutes, would allow the State to take…State, 866 So.2d 725 (Fla. 3d DCA 2004): Section 394.9135 establishes the procedure where the anticipated…inmate becomes immediate for any reason. Id. § 394.9135(1). The classic ex*805ample of such a release …the person’s release date would render section 394.9135 meaningless in virtually all cases where a court

Anderson v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2012-08-09T00:00:00-07:00

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…release, which is in fact provided for in section 394.9135(4), Florida Statutes. Instead, the remedy available

Morel v. Wilkins

Court: Fla. | Date Filed: 2012-03-08T00:00:00-08:00

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…were instituted against Morel pursuant to section 394.9135, Florida Statutes (2002), which provides for expedited…confinement “becomes immediate for any reason.” § 394.9135(1), Fla. Stat. When this occurs, “the agency with…sexually violent offense if not confined. §§ 394.192, 394.9135(2), Fla. Stat. (2002). Under these expedited procedures…of the written assessment and recommendation. § 394.9135(3), Fla. Stat. The filing of the petition triggers

Boatman v. State

Court: Fla. | Date Filed: 2011-12-15T00:00:00-08:00

Citation: 77 So. 3d 1242

Snippet: s incarcerative sentence expires.” Id. Section 394.9135 provides for expedited procedures when the anticipated…confinement “becomes immediate for any reason.” § 394.9135(1), Fla. Stat. (2008). Regardless of which procedure

Bishop v. Sheldon

Court: Fla. Dist. Ct. App. | Date Filed: 2010-12-01T00:00:00-08:00

Citation: 68 So. 3d 259

Snippet: released for some reason as provided in section 394.9135(1). While Bishop argues that the State initiated…we do not reach the question of whether section 394.9135, Florida Statutes, would allow the State to take… to proceed against Bishop pursuant to section 394.9135. In the present case, Bishop, like Larimore, is

In Re Commitment of Phillips

Court: Fla. Dist. Ct. App. | Date Filed: 2010-12-01T00:00:00-08:00

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…his sentence expired). We recognize that section 394.9135 provides a procedure for the DOC to initiate commitment…resentencing by the postconviction court, section 394.9135 was inapplicable. Id. In its response to Phillips…we do not reach the question of whether section 394.9135, Florida Statutes, would allow the State to take…petition based on lack of jurisdiction). . Section 394.9135(1), Florida Statutes (2005), provides as follows

Madison v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2009-07-16T00:00:00-07:00

Citation: 27 So. 3d 61

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

Marsh v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2009-06-24T00:00:00-07:00

Citation: 14 So. 3d 1214

Snippet: release from total confinement" under section 394.9135(1), Florida Statutes (2004). (Emphasis added; …commitment process under either section 394.913 or 394.9135"). Accordingly, Marsh is not entitled to

Larimore v. State

Court: Fla. | Date Filed: 2009-01-29T00:00:00-08:00

Citation: 2 So. 3d 101

Snippet: this part." § 394.9135(3), Fla. Stat. (2004) (emphasis added). Section 394.9135 is predicated on the…custody. We now turn to section 394.9135(4). Even though section 394.9135 is replete with references to …quot; § 394.9135(4), Fla. Stat. (2004) (emphasis added). The time limitations in section 394.9135 all pertain…sections 394.9135(1) and (2). Thus, the jurisdictional disclaimer contained in section 394.9135(4) should… 719. The Gordon court also found that section 394.9135 provides a "safety valve for a situation

Ward v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2006-08-16T00:53:00-07:00

Citation: 936 So. 2d 1143

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

Kephart v. Hadi

Court: Fla. | Date Filed: 2006-06-08T00:53:00-07:00

Citation: 932 So. 2d 1086

Snippet: multidisciplinary team shall assess the person. § 394.9135(2), Fla. Stat. (2002). Finally, the trial court…court; otherwise the individual is released. § 394.9135, Fla. Stat. (2002). [11] The district courts

Larimore v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2005-12-28T23:53:00-08:00

Citation: 917 So. 2d 354

Snippet: immediate release. § 394.9135(3), Fla. Stat. (1999). However, the provisions of section 394.9135 are not jurisdictional…394.914, Fla. Stat. (1999). In addition, section 394.9135, Florida Statutes (1999) (a new section created…state attorney from proceeding under the Act. § 394.9135(4), Fla. Stat. (1999). Finally, section 394.915…-222, § 9, at 1379-80, Laws of Fla. See also § 394.9135(3), Fla. Stat. (1999). While the Act as amended… concurring) ("The time limits of section 394.9135 are not jurisdictional, and a release of an individual

Moore v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2005-08-26T00:53:00-07:00

Citation: 909 So. 2d 500

Snippet: the proper application of section 394.9135 as follows: Section 394.9135 applies when the release from total…Cope's analyses of section 394.9135, particularly section 394.9135(4), follow the plain statutory …proceed against the defendant in light of section 394.9135(4), Florida Statutes, which states: "The … other appellate court has interpreted section 394.9135(4) in the same way as Gordon. In fact, appellate…including this court, interpret the scope of section 394.9135(4) somewhat differently. In State v. Ducharme,