Florida Statutes

Fla. Stat. § 916.15 (2025)

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

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 38 cases (5 in the last 5 years), 1982–2026 · leading case: Johnson v. Feder, 485 So. 2d 409 (Fla. 1986).

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Johnson v. Feder, 485 So. 2d 409 (Fla. 1986). · cites it 7× “In April of 1984, the hospital medical personnel responsible for reviewing petitioner's condition submitted a report to the trial court stating that petitioner continued to meet the statutory criteria for involuntary hospitalization.”

Woods v. State, 969 So. 2d 408 (Fla. 1st DCA 2007). · cites it 7× “The proceedings below were commenced upon the filing of a letter by the attorney for the Florida State Hospital indicating that, according to the hospital staff, the petitioner no longer met the criteria for involuntary commitment.”

Tavares v. State, 871 So. 2d 974 (Fla. 5th DCA 2004). · cites it 8× “In making these decisions it is appropriate for the trial court to consider, among other things, the evidence obtained at trial and prior reports of psychologists, as well as any relevant evidence presented at the commitment hearing. See Vigil, 410 So.”

Dep't of Child. & Families v. Harter, 861 So. 2d 1274 (Fla. 5th DCA 2003). · cites it 3× “See §§ 916.15(1) and 916.16(1), Fla. Stat. (2002); Fla.”

Thompson v. Crawford, 479 So. 2d 169 (Fla. 3d DCA 1985). · cites it 2× “[11] The trial court entered (1) an order finding Thompson not guilty by reason of insanity and acquitting him of the offenses, (2) an order finding and adjudging Thompson to be incompetent, and (3) an order finding that Thompson met the criteria set forth in section 916.15,…”

Brown v. State, 994 So. 2d 480 (Fla. 1st DCA 2008). · cites it 2× “See § 916.15(2), Fla. Stat. (2006) ("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…”

Wisniewski v. State, 805 So. 2d 901 (Fla. 2d DCA 2001). · cites it 2× “For commitment to be continued pursuant to section 916.15(1), Florida Statutes (1999), the court must find that the defendant is mentally ill and is manifestly dangerous to himself or to others.”

Fisher v. State, 506 So. 2d 1052 (Fla. 2d DCA 1987). · cites it 2× “See also § 916.15, Fla. Stat. (1985); Fla.R. Crim.”

Mannarelli v. State, 767 So. 2d 480 (Fla. 4th DCA 2000). · cites it 3× “After conducting an evidentiary hearing in which expert witnesses submitted oral testimony and written reports on the issue of whether appellant met the criteria for involuntary commitment pursuant to section 916.15(1), Florida Statutes (1997), the trial court entered an order…”

In Re Amend. to Fla. Rules of Cr. Proc., 606 So. 2d 227 (Fla. 1992). “§ 916.15]. 1988 Amendment. The amendments to this rule, including the title, provide for commitment of defendants found not guilty by reason of insanity in violation of probation or community control proceedings, as well as those so found at trial.”

Daniel Kellond v. State of Florida, 206 So. 3d 138 (Fla. 1st DCA 2016). · cites it 3× ““[F]or commitment to be continued pursuant to section 916.15, the court must find that the defendant is mentally ill and is manifestly dangerous to himself or to others.”

Thomas v. State, 443 So. 2d 406 (Fla. 4th DCA 1984). · cites it 2× “1982) and Section 916.15, Florida Statutes (1981), and now applicable to a person acquitted of criminal charges by a finding of not guilty by reason of insanity, is whether he is "manifestly dangerous to himself or others.”

Show all 38 citing cases →

— 916.15(1) — 7 cases

Wisniewski v. State, 805 So. 2d 901 (Fla. 2d DCA 2001). “For commitment to be continued pursuant to section 916.15(1), Florida Statutes (1999), the court must find that the defendant is mentally ill and is manifestly dangerous to himself or to others.”

Dep't of Child. & Families v. Harter, 861 So. 2d 1274 (Fla. 5th DCA 2003). “See §§ 916.15(1) and 916.16(1), Fla. Stat. (2002); Fla.”

Mannarelli v. State, 767 So. 2d 480 (Fla. 4th DCA 2000). “After conducting an evidentiary hearing in which expert witnesses submitted oral testimony and written reports on the issue of whether appellant met the criteria for involuntary commitment pursuant to section 916.15(1), Florida Statutes (1997), the trial court entered an order…”

Husk v. State, 453 So. 2d 153 (Fla. 1st DCA 1984).

Husk v. State, 438 So. 2d 989 (Fla. 1st DCA 1983).

— 916.15(2) — 10 cases

Johnson v. Feder, 485 So. 2d 409 (Fla. 1986). “In April of 1984, the hospital medical personnel responsible for reviewing petitioner's condition submitted a report to the trial court stating that petitioner continued to meet the statutory criteria for involuntary hospitalization.”

Woods v. State, 969 So. 2d 408 (Fla. 1st DCA 2007). “The proceedings below were commenced upon the filing of a letter by the attorney for the Florida State Hospital indicating that, according to the hospital staff, the petitioner no longer met the criteria for involuntary commitment.”

Dep't of Child. & Families v. Harter, 861 So. 2d 1274 (Fla. 5th DCA 2003). “See §§ 916.15(1) and 916.16(1), Fla. Stat. (2002); Fla.”

Brown v. State, 994 So. 2d 480 (Fla. 1st DCA 2008). “See § 916.15(2), Fla. Stat. (2006) ("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…”

Furqan v. State, 56 So. 3d 96 (Fla. 2d DCA 2011).

— 916.15(3)(c) — 1 case

Reynolds v. State of Florida & Dep't of Child. & Families (Fla. 5th DCA 2024).

— 916.15(4) — 1 case

McDaniel v. State of Florida (Fla. 2d DCA 2024).

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