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. 916.15

916.15 Involuntary commitment of defendant adjudicated not guilty by reason of insanity.—

(1) The determination of whether a defendant is not guilty by reason of insanity shall be determined in accordance with Rule 3.217, Florida Rules of Criminal Procedure.

(2) A defendant who is acquitted of criminal charges because of a finding of not guilty by reason of insanity may be involuntarily committed pursuant to such finding if the defendant has a mental illness and, because of the illness, is manifestly dangerous to himself or herself or others.

(3)(a) Every defendant acquitted of criminal charges by reason of insanity and found to meet the criteria for involuntary commitment may be committed and treated in accordance with the provisions of this section and the applicable Florida Rules of Criminal Procedure.

(b) Immediately after receipt of a completed copy of the court commitment order containing all documentation required by the applicable Florida Rules of Criminal Procedure, the department shall request all medical information relating to the defendant from the jail. The jail shall provide the department with all medical information relating to the defendant within 3 business days after receipt of the department’s request or at the time the defendant enters the physical custody of the department, whichever is earlier.

(c) The department shall admit a defendant so adjudicated to an appropriate facility or program for treatment and shall retain and treat such defendant. No later than 6 months after the date of admission, prior to the end of any period of extended commitment, or at any time that the administrator or his or her designee determines that the defendant no longer meets the criteria for continued commitment placement, the administrator or designee shall file a report with the court pursuant to the applicable Florida Rules of Criminal Procedure.

(4) In all proceedings under this section, both the defendant and the state shall have the right to a hearing before the committing court. Evidence at such hearing may be presented by the hospital administrator or the administrator’s designee as well as by the state and the defendant. The defendant shall have the right to counsel at any such hearing. In the event that a defendant is determined to be indigent pursuant to s. 27.52, the public defender shall represent the defendant. The parties shall have access to the defendant’s records at the treating facilities and may interview or depose personnel who have had contact with the defendant at the treating facilities.

(5) The commitment hearing shall be held within 30 days after the court receives notification that the defendant no longer meets the criteria for continued commitment. The defendant must be transported to the committing court’s jurisdiction for the hearing. Each defendant returning to a jail shall continue to receive the same psychotropic medications as prescribed by the facility physician at the time of discharge from a forensic or civil facility, unless the jail physician determines there is a compelling medical reason to change or discontinue the medication for the health and safety of the defendant. If the jail physician changes or discontinues the medication and the defendant is later determined at the competency hearing to be incompetent to stand trial and is recommitted to the department, the jail physician may not change or discontinue the defendant’s prescribed psychotropic medication upon the defendant’s next discharge from the forensic or civil facility.

History.—s. 1, ch. 80-75; s. 36, ch. 85-167; s. 1533, ch. 97-102; s. 19, ch. 98-92; s. 121, ch. 2003-402; s. 14, ch. 2006-195; s. 4, ch. 2016-135; s. 14, ch. 2020-39.

F.S. 916.15 on Google Scholar

F.S. 916.15 on Casetext

Amendments to 916.15

Arrestable Offenses / Crimes under Fla. Stat. 916.15

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 916.15.

Annotations, Discussions, Cases:

Cases from cite.case.law:

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

. . . release of any defendant in lieu of an involuntary commitment to a facility pursuant to s. 916.13 or s. 916.15 . . .

KELLOND, v. STATE, 206 So.3d 138 (Fla. Dist. Ct. App. 2016)

. . . .” § 916.15(2), Fla. Stat. (2015). We agree. . . . “[F]or commitment to be continued pursuant to section 916.15, the court must find that the defendant . . .

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

. . . Pursuant to Rule 3.218 and section 916.15, Florida Statutes (2004), Phillips was committed to the Department . . . Section 916.15 addresses this commitment as follows: (1)A defendant who is acquitted of criminal charges . . . Specifically, the court found that Phillips met the criteria of section 916.15(1), Florida Statutes ( . . .

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

. . . release of any defendant in lieu of an involuntary commitment to a facility pursuant to s. 916.13 or s. 916.15 . . . report of experts, that the person meets the criteria for involuntary commitment under s. 916.13 or s. 916.15 . . . report of experts, that the person meets the criteria for involuntary commitment under s. 916.13 or s. 916.15 . . . As we have noted already, C.Z. has been found to be non-restorable under section 916.13, and section 916.15 . . .

KENDRICK, v. STATE, 163 So. 3d 1256 (Fla. Dist. Ct. App. 2015)

. . . continuing the involuntary commitment of Kendrick contains the necessary findings as required by section 916.15 . . .

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

. . . Section 916.15 sets forth the process for the commitment of a defendant acquitted of criminal charges . . . release of any defendant in lieu of an involuntary commitment to a facility pursuant to s. 916.13 or s. 916.15 . . . Related and overlapping with the dictates of sections 916.15 through 916.17 are Rules 3.217 and 3.219 . . .

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

. . . The circuit court retained jurisdiction over him pursuant to sections 916.15 and 916.16, Florida Statutes . . . In Johnson, the supreme court construed section 916.15, Florida Statutes (1981), and the relevant applicable . . . Sections 916.15 and 916.16, Florida Statutes (2008), provide the procedure under which a defendant in . . . Furqan's circumstances shall be committed initially and what shall occur subsequently: 916.15 Involuntary . . . The supreme court in Johnson, 485 So.2d at 410, was reviewing the 1981 version of section 916.15, but . . .

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

. . . Sections 916.15-.17, Florida Statutes (2008), provide the statutory law governing such continuing jurisdiction . . .

FURQAN, v. STATE, 56 So. 3d 96 (Fla. Dist. Ct. App. 2011)

. . . a September 28, 2010, circuit court order continuing his involuntary commitment pursuant to section 916.15 . . . Because we find that the order fails to include the requisite findings under section 916.15(2), we grant . . . Under section 916.15(2), “[a] defendant who is acquitted of criminal charges because of a finding of . . .

GRADY, v. BAKER, E., 404 F. App'x 450 (11th Cir. 2010)

. . . . §§ 916.15 and 916.16. Grady requested $500,000 in damages, and that FSH terminate Baker. . . .

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

. . . client” means any defendant who has been committed to the department or agency pursuant to s. 916.13, s. 916.15 . . . release of any defendant in lieu of an involuntary commitment to a facility pursuant to s. 916.13 or s. 916.15 . . . Amaya does not qualify for commitment to DCF under section 916.13, 916.15, or 916.302; he is, therefore . . .

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

. . . report of experts, that the person meets the criteria for involuntary commitment under s. 916.13 or s. 916.15 . . .

M. BROWN, v. STATE, 994 So. 2d 480 (Fla. Dist. Ct. App. 2008)

. . . See § 916.15(2), Fla. . . .

WOODS, v. STATE, 969 So. 2d 408 (Fla. Dist. Ct. App. 2007)

. . . insanity and ordering his commitment to the Department of Children and Family Services pursuant to section 916.15 . . . According to section 916.15(2): A defendant who is acquitted of criminal charges because of a finding . . . mental illness and, because of the illness, is manifestly dangerous to himself or herself or others. § 916.15 . . . Thus, for commitment to be continued pursuant to section 916.15, the court must find that the defendant . . . involuntary commitment after a defendant has been found not guilty by reason of insanity under section 916.15 . . .

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

. . . report of experts, that the person meets the criteria for involuntary commitment under s. 916.13 or s. 916.15 . . .

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

. . . Tavares not guilty by reason of insanity- The trial court subsequently held a hearing pursuant to section 916.15 . . . court can involuntarily commit a defendant for treatment by adhering to the requirements of section 916.15 . . . Vigil, 410 So.2d 528, 530 (Fla. 2d DCA 1982); see also § 916.15, Fla. Stat. (2003). . . . Tavares takes the position that the burden to demonstrate that he fits the section 916.15 criteria should . . . Rather, the trial court must be satisfied in order to do so that the criteria enunciated in section 916.15 . . .

DEPARTMENT OF CHILDREN AND FAMILIES, v. HARTER,, 861 So. 2d 1274 (Fla. Dist. Ct. App. 2003)

. . . Section 916.15(2), Florida Statutes (2002), states in pertinent part: Every defendant acquitted of criminal . . . See §§ 916.15(1) and 916.16(1), Fla. Stat. (2002); Fla. R.Crim. P. 3.217(b) and 3.218(b). . . .

WISNIEWSKI, v. STATE, 805 So. 2d 901 (Fla. Dist. Ct. App. 2001)

. . . For commitment to be continued pursuant to section 916.15(1), Florida Statutes (1999), the court must . . .

MANNARELLI, v. STATE, 770 So. 2d 214 (Fla. Dist. Ct. App. 2000)

. . . Mannarelli argues that, under Florida Rule of Criminal Procedure 3.218 and section 916.15, Florida Statutes . . . Section 916.15 provides, in pertinent part, (2) Every defendant acquitted of criminal charges by reason . . . The defendant shall have the right to counsel at any such hearing. ... § 916.15(2), (3), Fla. . . .

R. MANNARELLI, v. STATE, 767 So. 2d 480 (Fla. Dist. Ct. App. 2000)

. . . reports on the issue of whether appellant met the criteria for involuntary commitment pursuant to section 916.15 . . . Section 916.15(1) provides that a person may be involuntarily committed upon a finding that “the person . . .

STATE DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, v. E. BENTLEY,, 617 So. 2d 368 (Fla. Dist. Ct. App. 1993)

. . . Feder, our supreme court resolved an analogous problem under section 916.15 (involuntary commitment of . . . the state have the right to a hearing before the committing court in all proceedings under section 916.15 . . . The court concluded that both section 916.15 and rule 3.218 require a judicial hearing only if requested . . . defendant committed under 916.12 (as in the instant case) differently from a defendant committed under 916.15 . . .

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

. . . . § 916.15], 1988 Amendment. . . .

V. v. STATE, 586 So. 2d 98 (Fla. Dist. Ct. App. 1991)

. . . Fla. 4th DCA 1989) (habeas corpus petition seeking release from involuntary commitment under section 916.15 . . .

STATE OF FLORIDA v. MORITT, 44 Fla. Supp. 2d 116 (Fla. Cir. Ct. 1990)

. . . Indeed, it is important to note that in Florida Statute 916.15, which provides a procedure for involuntary . . . Florida Statute 916.15(1) (emphasis supplied) and “Every person acquitted of criminal charges by reason . . . Florida Statutes 916.15(2) (emphasis supplied). . . .

GERUS, v. STATE, 565 So. 2d 1382 (Fla. Dist. Ct. App. 1990)

. . . , finding that appellant “meets the criteria for involuntary hospitalization set forth in [section] 916.15 . . .

THURSTON, v. NAVARRO, L., 546 So. 2d 448 (Fla. Dist. Ct. App. 1989)

. . . retained doctors each found petitioner did not meet the criteria for involuntary commitment under section 916.15 . . .

MILLER, v. STATE, 532 So. 2d 1290 (Fla. Dist. Ct. App. 1988)

. . . See also § 916.15, Fla.Stat. (1985); Fla.R.Crim.P. 3.217. . . .

D. HOCKENSMITH, v. STATE, 524 So. 2d 462 (Fla. Dist. Ct. App. 1988)

. . . In the mandated review procedures of section 916.15, Florida Statutes (1985), and Florida Rule of Criminal . . . issue before us is a narrow one: At a hearing for continued involuntary commitment pursuant to section 916.15 . . . trial court’s denial of the appellant’s motion for transport to his hearing in accord with section 916.15 . . .

BROOKS, v. STATE, 504 So. 2d 27 (Fla. Dist. Ct. App. 1987)

. . . Feder, 485 So.2d 409 (Fla.1986), in accordance with section 916.15, Florida Statutes, and Fla.R.Crim.P . . .

FISHER, Jr. v. STATE, 506 So. 2d 1052 (Fla. Dist. Ct. App. 1987)

. . . See also § 916.15, Fla.Stat. (1985); Fla.R. Crim.P. 3.217. . . .

JOHNSON, v. FEDER,, 485 So. 2d 409 (Fla. 1986)

. . . Department of Health and Rehabilitative Services for involuntary hospitalization pursuant to section 916.15 . . . construction and carefully considering the applicable statute and rule, we conclude that both section 916.15 . . . motion for a judicial hearing and examination by independent experts was prepared pursuant to section 916.15 . . . The provision requiring reports is followed by subsection (3) of section 916.15 which discusses the requisite . . . the state have the right to a hearing before the committing court in “all proceedings” under section 916.15 . . .

R. MATTINGLY, MATTINGLY, v. HECKLER,, 784 F.2d 258 (7th Cir. 1986)

. . . When Leroy was placed in a nursing home, the Jones had a monthly income of $916.15 from their joint Railroad . . .

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

. . . Thompson to be incompetent, and (3) an order finding that Thompson met the criteria set forth in section 916.15 . . .

JOHNSON, v. FEDER,, 463 So. 2d 431 (Fla. Dist. Ct. App. 1985)

. . . Department of Health and Rehabilitative Services for involuntary hospitalization pursuant to section 916.15 . . .

A. ANTHONY, v. STATE, 456 So. 2d 582 (Fla. Dist. Ct. App. 1984)

. . . Section 916.15 allows a court to hospitalize a person found not guilty by reason of insanity. . . .

HUSK, v. STATE, 453 So. 2d 153 (Fla. Dist. Ct. App. 1984)

. . . hospitalization; the trial court erred in appointing Doctors Sail and Larsen to re-examine him; and Section 916.15 . . . Husk’s argument is spurious that Section 916.15(1), Florida Statutes, which requires that the trial court . . .

McSHAY, v. STATE, 447 So. 2d 444 (Fla. Dist. Ct. App. 1984)

. . . appellant was deprived of his rights as provided in Florida Rule of Criminal Procedure 3.218 and section 916.15 . . .

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

. . . The test laid down by Section 394.467, Florida Statutes (Supp.1982) and Section 916.15, Florida Statutes . . .

HUSK, v. STATE, 438 So. 2d 989 (Fla. Dist. Ct. App. 1983)

. . . Section 916.15(1), Florida Statutes (1981). . . .

STATE v. VIGIL,, 410 So. 2d 528 (Fla. Dist. Ct. App. 1982)

. . . See §§ 916.15, .16, Fla.Stat. (Supp. 1980); § 394.467, Fla.Stat. (1979); and Fla. R.Crim.P. 3.217. . . .

FAWSETT v. COMMISSIONER OF INTERNAL REVENUE, 63 F.2d 445 (7th Cir. 1933)

. . . commissions incident to the sale were paid, petitioner received, July, 1925-, as her part of the deal, $30,-916.15 . . .

AMERICAN RAILWAY EXPRESS COMPANY v. LINDENBURG, 260 U.S. 584 (U.S. 1923)

. . . The trial court gave judgment for $916.15, which the state appéllate court affirmed. 88 W. Va. 439. . . .