|
|
The 2025 Florida Statutes
|
|
|
|
|
F.S. 916.302916.302 Involuntary commitment of defendant determined to be incompetent to proceed.—(1) CRITERIA.—Every defendant who is charged with a felony and who is adjudicated incompetent to proceed due to intellectual disability or autism may be involuntarily committed for training upon a finding by the court of clear and convincing evidence that:(a) The defendant has an intellectual disability or autism; (b) There is a substantial likelihood that in the near future the defendant will inflict serious bodily harm on himself or herself or another person, as evidenced by recent behavior causing, attempting, or threatening such harm; (c) All available, less restrictive alternatives, including services provided in community residential facilities or other community settings, which would offer an opportunity for improvement of the condition have been judged to be inappropriate; and (d) There is a substantial probability that the intellectual disability or autism causing the defendant’s incompetence will respond to training and the defendant will regain competency to proceed in the reasonably foreseeable future. (2) ADMISSION TO A FACILITY.—(a) A defendant who has been charged with a felony and who is found to be incompetent to proceed due to intellectual disability or autism, and who meets the criteria for involuntary commitment to the agency under this chapter, shall be committed to the agency, and the agency shall retain and provide appropriate training for the defendant. Within 6 months after the date of admission or at the end of any period of extended commitment or at any time the administrator or designee determines that the defendant has regained competency to proceed or no longer meets the criteria for continued commitment, the administrator or designee shall file a report with the court pursuant to this chapter and the applicable Florida Rules of Criminal Procedure. (b) A defendant determined to be incompetent to proceed due to intellectual disability or autism may be ordered by a circuit court into a forensic facility designated by the agency for defendants who have an intellectual disability or autism. (c) The agency may transfer a defendant from a designated forensic facility to another designated forensic facility and must notify the court of the transfer within 30 days after the transfer is completed. (d) The agency may not transfer a defendant from a designated forensic facility to a civil facility without first notifying the court, and all parties, 30 days before the proposed transfer. If the court objects to the proposed transfer, it must send its written objection to the agency. The agency may transfer the defendant unless it receives the written objection from the court within 30 days after the court’s receipt of the notice of the proposed transfer. (3) PLACEMENT OF DUALLY DIAGNOSED DEFENDANTS.—(a) If a defendant has both an intellectual disability or autism and a mental illness, evaluations must address which condition is primarily affecting the defendant’s competency to proceed. Referral of the defendant should be made to a civil or forensic facility most appropriate to address the symptoms that are the cause of the defendant’s incompetence. (b) Transfer from one civil or forensic facility to another civil or forensic facility may occur when, in the department’s and agency’s judgment, it is in the defendant’s best treatment or training interests. The department and agency shall submit an evaluation and justification for the transfer to the court. The court may consult with an outside expert if necessary. Transfer will require an amended order from the committing court. History.—s. 25, ch. 98-92; s. 19, ch. 2006-195; s. 33, ch. 2013-162.
| |
Annotations, Discussions, Cases:
Cases Citing Statute 916.302
Total Results: 11
15 So. 3d 37, 2009 Fla. App. LEXIS 5513, 2009 WL 1393071
District Court of Appeal of Florida | Filed: May 20, 2009 | Docket: 1192581
Cited 14 times | Published
he was involuntarily committed pursuant to section 916.302, Florida Statutes (2007). In February 2008
837 So. 2d 554, 2003 WL 289263
District Court of Appeal of Florida | Filed: Feb 12, 2003 | Docket: 537830
Cited 5 times | Published
adjudicated incompetent to proceed is governed by section 916.302.
*558 There is no doubt that Graham is "incompetent
898 So. 2d 1070, 2005 WL 623340
District Court of Appeal of Florida | Filed: Mar 18, 2005 | Docket: 1448740
Cited 4 times | Published
contains no finding pursuant to subsection (d) of section 916.302(1)that:
There is a substantial probability
137 So. 3d 1133, 2014 WL 1304724, 2014 Fla. App. LEXIS 4823
District Court of Appeal of Florida | Filed: Apr 2, 2014 | Docket: 60240187
Cited 2 times | Published
evidence that the defendant has a mental illness); § 916.302(l)(a) (providing for involuntary commitment based
38 So. 3d 831, 2010 Fla. App. LEXIS 8917, 2010 WL 2472272
District Court of Appeal of Florida | Filed: Jun 21, 2010 | Docket: 1658830
Cited 2 times | Published
retardation and found that he meets the criteria in section 916.302(1) for involuntary commitment. Accordingly
257 So. 3d 148
District Court of Appeal of Florida | Filed: Oct 26, 2018 | Docket: 64690600
Published
he may still qualify for commitment under section 916.302, Florida Statutes (2018), which authorizes
256 So. 3d 954
District Court of Appeal of Florida | Filed: Oct 2, 2018 | Docket: 7968008
Published
proceed in the reasonably
foreseeable future.” § 916.302(1)(d), Fla. Stat. The trial court
made the findings
164 So. 3d 1257, 2015 Fla. App. LEXIS 8570, 2015 WL 3510309
District Court of Appeal of Florida | Filed: Jun 5, 2015 | Docket: 60247918
Published
the parties and the court proceeded under section 916.302 instead of section 916.13, the course of this
115 So. 3d 1089, 2013 Fla. App. LEXIS 9804, 2013 WL 3099769
District Court of Appeal of Florida | Filed: Jun 21, 2013 | Docket: 60232088
Published
cannot meet the criteria for commitment under section 916.302, but it is premature to reach that conclusion
114 So. 3d 983, 2012 WL 1886007, 2012 Fla. App. LEXIS 8429
District Court of Appeal of Florida | Filed: May 25, 2012 | Docket: 60232034
Published
manifested only by antisocial behavior); see also § 916.302, Fla. Stat. (2011) (providing for involuntary
848 So. 2d 460, 2003 Fla. App. LEXIS 9979, 2003 WL 21507090
District Court of Appeal of Florida | Filed: Jul 2, 2003 | Docket: 1309478
Published
criteria for involuntary commitment pursuant to section 916.302(1). The court ordered conditional release and
