Florida Statute 916.16 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 916
MENTALLY ILL AND INTELLECTUALLY DISABLED DEFENDANTS

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F.S. 916.16

916.16 Jurisdiction of committing court.—

(1) The committing court shall retain jurisdiction over any defendant involuntarily committed due to a determination of incompetency to proceed due to mental illness or a finding of not guilty by reason of insanity pursuant to this chapter. The defendant may not be released except by order of the committing court. An administrative hearing examiner does not have jurisdiction to determine issues of continuing commitment or release of any defendant involuntarily committed pursuant to this chapter.

(2) The committing court shall retain jurisdiction in the case of any defendant placed on conditional release pursuant to s. 916.17. Such defendant may not be released from the conditions of release except by order of the committing court.

History.—s. 1, ch. 80-75; s. 7, ch. 83-274; s. 20, ch. 98-92; s. 15, ch. 2006-195.

F.S. 916.16 on Google Scholar

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Amendments to 916.16

Arrestable Offenses / Crimes under Fla. Stat. 916.16

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 916.16.

Annotations, Discussions, Cases:

Cases Citing Statute 916.16

Total Results: 12

Wood v. Polisknowski, Harris

Court: District Court of Appeal of Florida | Date Filed: 2024-11-13

Snippet: challenging the legality of an involuntary commitment. § 916.16, Fla. Stat.; Lewis v. James, 88 So. 3d 381, 381

Charles Michael Phillips v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2015-10-21

Citation: 178 So. 3d 468, 2015 Fla. App. LEXIS 15634

Snippet: Criminal Procedure...'. Importantly, section 916.16, Florida Statutes (2004), allows for the continued

Morrow v. State

Court: District Court of Appeal of Florida | Date Filed: 2014-12-18

Citation: 153 So. 3d 402, 2014 Fla. App. LEXIS 20564, 2014 WL 7184252

Snippet: a hearing before the committing court_ Section 916.16 provides the trial court with continuing jurisdiction

Furqan v. State

Court: District Court of Appeal of Florida | Date Filed: 2013-11-13

Citation: 136 So. 3d 636, 2013 WL 5989675, 2013 Fla. App. LEXIS 17978

Snippet: jurisdiction over him pursuant to sections 916.15 and 916.16, Florida Statutes (2008).2 The last statutorily-mandated

Linn v. State

Court: District Court of Appeal of Florida | Date Filed: 2011-12-14

Citation: 79 So. 3d 783

Snippet: charge. Second, the State argues that under section 916.16, Florida Statutes (2009), only the criminal court

Wardell v. State

Court: District Court of Appeal of Florida | Date Filed: 2006-11-17

Citation: 944 So. 2d 1089, 2006 WL 3327073

Snippet: probation charges. This appeal followed. Section 916.16(1), Florida Statutes (2001), provides: The committing

Department of Children and Families v. Harter

Court: District Court of Appeal of Florida | Date Filed: 2003-12-19

Citation: 861 So. 2d 1274, 2003 Fla. App. LEXIS 19251, 2003 WL 22970952

Snippet: released from commitment. See §§ 916.15(1) and 916.16(1), Fla. Stat. (2002); Fla. R.Crim. P. 3.217(b)

State, Department of Children & Families v. Reyes

Court: District Court of Appeal of Florida | Date Filed: 2002-09-04

Citation: 829 So. 2d 252, 2002 Fla. App. LEXIS 12775, 2002 WL 2009793

Snippet: released except by order of the committing court. § 916.16, Fla. Stat. (2001). After a defendant has been

State v. Heidrick

Court: District Court of Appeal of Florida | Date Filed: 1998-03-04

Citation: 707 So. 2d 1165, 1998 WL 88372

Snippet: follow. The State contends that pursuant to section 916.16, Florida Statutes (1995),[1] the committing courts

STATE, DHRS v. Bentley

Court: District Court of Appeal of Florida | Date Filed: 1993-04-14

Citation: 617 So. 2d 368, 1993 WL 114774

Snippet: commitment due to incompetency to stand trial: 916.16 Jurisdiction of committing court. The committing

Gerus v. State

Court: District Court of Appeal of Florida | Date Filed: 1990-08-06

Citation: 565 So. 2d 1382, 1990 WL 110292

Snippet: involuntary hospitalization was continued under section 916.16, Florida Statutes. We reverse, concluding that

Anthony v. State

Court: District Court of Appeal of Florida | Date Filed: 1984-09-28

Citation: 456 So. 2d 582, 9 Fla. L. Weekly 2064, 1984 Fla. App. LEXIS 15220

Snippet: would retain jurisdiction consistent with section 916.16, Florida Statutes (1981). In 1983 the trial court