Florida Statute 916.17 | 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. 916.17

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.

F.S. 916.17 on Google Scholar

F.S. 916.17 on Casetext

Amendments to 916.17

Arrestable Offenses / Crimes under Fla. Stat. 916.17

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 916.17.

Annotations, Discussions, Cases:

Cases Citing Statute 916.17

Total Results: 20

American Coastal Insurance Company v. La Rive Gauche Condominium Association, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2024-09-18

Snippet: 2 916-17 (“Amendments to pleadings ought to be allowed freely

DEPARTMENT OF CHILDREN AND FAMILIES v. DEBORAH KIRSHNER AND STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2024-02-02

Snippet: conditional release statute, codified at section 916.17, Florida Statutes, certain prerequisites must be

Gulf Management, Inc., and Gallagher Bassett Services, Inc. v. Talmadge Wall

Court: District Court of Appeal of Florida | Date Filed: 2023-11-29

Snippet: Com. Carrier Corp. v. LaPointe, 723 So. 2d 912, 916–17 (Fla. 1st DCA 1999), as “instructive” because of

PROGRESSIVE SELECT INSURANCE COMPANY v. THE IMAGING CENTER OF WEST PALM BEACH, LLC a/a/o ERICA PRETE

Court: District Court of Appeal of Florida | Date Filed: 2023-03-08

Snippet: Inc. v. Stefani De La O, Inc., 187 So. 3d 915, 916–17 (Fla. 3d DCA 2016) (no prejudice where motion to

GEICO GENERAL INSURANCE COMPANY v. A & C MEDICAL CENTER, INC., A/A/O RADHAMES DE JESUS

Court: District Court of Appeal of Florida | Date Filed: 2023-02-15

Snippet: Inc. v. Stefani De La O, Inc., 187 So. 3d 915, 916–17 (Fla. 3d DCA 2016).

PHILIP MORRIS USA INC. and R.J. REYNOLDS TOBACCO COMPANY v. BRYAN RINTOUL, as Personal Representative of the Estate of Edward Caprio

Court: District Court of Appeal of Florida | Date Filed: 2022-05-11

Snippet: duties and while serving a public purpose. Id. at 916–17. For the purposes of the common law, the court

ASGAARD FUND, L.P., etc. v. MM80 OCEANSIDE HOLDINGS, LLC, etc.

Court: District Court of Appeal of Florida | Date Filed: 2021-10-27

Snippet: Inc. v. Stefani De La O, Inc., 187 So. 3d 915, 916-17 (Fla. 3d DCA 2016))). 9 Reversed and remanded

GEICO GENERAL INSURANCE COMPANY v. HIALEAH DIAGNOSTICS, INC. A/A/O MARIA VILLEGAS

Court: District Court of Appeal of Florida | Date Filed: 2021-08-25

Snippet: affirmative defenses. See RV-7 Prop., 187 So. 3d at 916–17 (“Amendments to pleadings ought to be allowed freely

STATE OF FLORIDA v. CHARLES MORRIS

Court: District Court of Appeal of Florida | Date Filed: 2020-06-03

Snippet: providing appropriate outpatient care and treatment.” § 916.17(1), Fla. Stat. (2006) (emphasis added). Thus

GUSTAVO RAMIREZ-LUCAS v. JOHN HUTCHINSON and ANDREW HUTCHINSON

Court: District Court of Appeal of Florida | Date Filed: 2019-08-14

Snippet: a finding of vicarious liability. Id. at 916–17; see also McAfee, 98 So. 2d at 739–40 (holding

JOHANDY MOREJON - MEDINA v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2019-08-14

Snippet: solicitation under section 847.0135(4)(b).2 Id. at 916–17. The State alleged both offenses occurred on the

Palmentere Bros. Cartage Service, Inc. v. Heather Copeland and Phillip Copeland, her husband

Court: District Court of Appeal of Florida | Date Filed: 2019-07-29

Snippet: of determining section 768.79 sanctions. Id. at 916- 17. But the court upheld Ms. Frosti’s award of section

Publix Risk Management and Publix Super Markets, Inc. v. Teresa Carter

Court: District Court of Appeal of Florida | Date Filed: 2019-07-29

Snippet: See also Interim Servs. v. Levy, 843 So. 2d 915, 916-17 (Fla. 1st DCA 2003) (reversing a TPD award where

ALI MARINO v. STATE OF FLORIDA and GREGORY TONY, as Sheriff of Broward County

Court: District Court of Appeal of Florida | Date Filed: 2019-07-17

Snippet: was conditionally released pursuant to section 916.17, Florida Statutes. That statute governs conditional

CHRISTOPHER SCHOFIELD v. GRADY C. JUDD, SHERIFF OF POLK COUNTY

Court: District Court of Appeal of Florida | Date Filed: 2019-04-03

Citation: 268 So. 3d 890

Snippet: alternative to residential commitment, section 916.17 authorizes a form of "conditional release

Brian Mitchell Lee v. State of Florida

Court: Supreme Court of Florida | Date Filed: 2018-12-13

Citation: 258 So. 3d 1297

Snippet: traveling after solicitation. Id. at 916-17 . Significantly, this Court noted that "[t]he

Dodd v. State

Court: District Court of Appeal of Florida | Date Filed: 2018-12-06

Citation: 259 So. 3d 311

Snippet: upon conditions and commits a new offense, section 916.17(2)[, Florida Statutes (2018),] leaves the trial

Villafane v. Maradona

Court: District Court of Appeal of Florida | Date Filed: 2018-08-08

Citation: 253 So. 3d 708

Snippet: by a forum non conveniens order.” 991 So. 2d at 916-17. Because of this conflict about the Argentine

Dep't of Children & Families v. Jones

Court: District Court of Appeal of Florida | Date Filed: 2018-07-12

Citation: 246 So. 3d 1307

Snippet: this case for further proceedings under section 916.17, Florida Statutes (2018). The lower court shall

Dep't of Children & Families v. Jones

Court: District Court of Appeal of Florida | Date Filed: 2018-07-12

Citation: 246 So. 3d 1306

Snippet: this case for further proceedings under section 916.17, Florida Statutes (2018). The lower court shall