916.17
Conditional release.
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916.17 Conditional release.—
(1) Except for an inmate currently serving a prison sentence, the committing court may order a conditional release of any defendant in lieu of an involuntary commitment to a facility pursuant to s. 916.13 or s. 916.15 based upon an approved plan for providing appropriate outpatient care and treatment. Upon a recommendation that outpatient treatment of the defendant is appropriate, a written plan for outpatient treatment, including recommendations from qualified professionals, must be filed with the court, with copies to all parties. Such a plan may also be submitted by the defendant and filed with the court with copies to all parties. The plan shall include:
(a) Special provisions for residential care or adequate supervision of the defendant.
(b) Provisions for outpatient mental health services.
(c) If appropriate, recommendations for auxiliary services such as vocational training, educational services, or special medical care.
In its order of conditional release, the court shall specify the conditions of release based upon the release plan and shall direct the appropriate agencies or persons to submit periodic reports to the court regarding the defendant’s compliance with the conditions of the release and progress in treatment, with copies to all parties.
(2) Upon the filing of an affidavit or statement under oath by any person that the defendant has failed to comply with the conditions of release, that the defendant’s condition has deteriorated to the point that inpatient care is required, or that the release conditions should be modified, the court shall hold a hearing within 7 days after receipt of the affidavit or statement under oath. After the hearing, the court may modify the release conditions. The court may also order that the defendant be returned to the department if it is found, after the appointment and report of experts, that the person meets the criteria for involuntary commitment under s. 916.13 or s. 916.15.
(3) If at any time it is determined after a hearing that the defendant who has been conditionally released under subsection (1) no longer requires court-supervised followup care, the court shall terminate its jurisdiction in the cause and discharge the defendant.
History.—s. 1, ch. 80-75; s. 37, ch. 85-167; s. 1534, ch. 97-102; s. 21, ch. 98-92; s. 16, ch. 2006-195.
Notes of Decisions
Cited in 39
cases (3 in the last 5 years), 1984–2026 · leading case: Department of Children & Family Services v. Amaya
Department of Children & Family Services v. Amaya (2009)
“The Department of Children and Family Services (DCF) petitions for a writ of cer-tiorari seeking to quash a trial court order that committed incompetent criminal defendant Israel Amaya 1 to DCF’s legal custody and placed him on conditional release under section 916.17, Florida…”
Department of Children & Families v. State (2015)
“was through conditional release, pursuant to section 916.17 of the Florida Statutes and Florida Rules of Criminal Procedures 3.”
McCray v. State (2016)
“In this certiorari proceeding, a criminal defendant who has been adjudicated incompetent to proceed due to mental illness seeks relief from those portions of a trial court order that denied his motion to dismiss the information and continued, with modifications, a program of…”
McCray v. State (2017)
“The trial court, however, continued a program of conditional release pursuant to section 916.17, Florida Statutes (2014). Mr.”
Department of Children & Families v. Carmona (2015)
“” Following that hearing, the trial court entered its “Order of Conditional Release and Temporary Placement of Defendant Previously Adjudged Incompetent to Proceed Pursuant to § 916.17 Fla. Stat.” Included in that order was the finding that Mr.”
Douse v. State (2006)
“Counsel argued that under section 916.17, the court has but two options: (1) modify conditions of pretrial release, or (2) commit defendant to DCFS for involuntary treatment.”
Thompson v. Crawford (1985)
“The hospital recommended that Thompson be released as no longer meeting the criteria for involuntary hospitalization or, alternatively, asking that Thompson be released conditionally to the community under section 916.17(1), Florida Statutes (1981), in accordance with an…”
Tavares v. State (2004)
“Tavares argued for a conditional release in accordance with section 916.17, Florida Statutes (2003). The trial court, however, decided to commit Mr.”
Thomas v. State (1984)
“Although denominated an appeal, review by certiorari appears to be the more procedurally correct vehicle to bring up an order involving the conditional release program codified in Section 916.17, Florida Statutes (1981) and Rule 3.”
Amendments to the Florida Rules of Criminal Procedure (2000)
“For complementary statute providing for conditional release, see section 916.17, Florida Statutes. 1988 Amendment.”
CHRISTOPHER SCHOFIELD v. GRADY C. JUDD, SHERIFF OF POLK COUNTY (2019)
“) As an alternative to residential commitment, section 916.17 authorizes a form of "conditional release," under the continuing supervision of the trial court, in which the incompetent defendant may receive treatment outside the confines of a section 916.”
Boclair v. State (1988)
“This suggestion by the Hill court has since been codified at Section 916.17, Florida Statutes (1985) which authorizes the committing court to order a conditional release of any defendant who has been committed according to an adjudication of not guilty by reason of insanity…”
— 916.17(1) — 7 cases
Thompson v. Crawford (1985)
“The hospital recommended that Thompson be released as no longer meeting the criteria for involuntary hospitalization or, alternatively, asking that Thompson be released conditionally to the community under section 916.17(1), Florida Statutes (1981), in accordance with an…”
Department of Children & Families v. State (2015)
“was through conditional release, pursuant to section 916.17 of the Florida Statutes and Florida Rules of Criminal Procedures 3.”
Furqan v. State (2012)
Paolercio v. State (2014)
State v. Carey (2017)
— 916.17(1)(a) — 1 case
Boclair v. State (1988)
“This suggestion by the Hill court has since been codified at Section 916.17, Florida Statutes (1985) which authorizes the committing court to order a conditional release of any defendant who has been committed according to an adjudication of not guilty by reason of insanity…”
— 916.17(2) — 15 cases
Douse v. State (2006)
“Counsel argued that under section 916.17, the court has but two options: (1) modify conditions of pretrial release, or (2) commit defendant to DCFS for involuntary treatment.”
Miller v. State (2007)
Paolercio v. State (2014)
— 916.17(3) — 2 cases
Nelson v. State (2013)
CORDONES v. State (2008)
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