916.302
Involuntary commitment of defendant determined to be incompetent to proceed.
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916.302 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.
Notes of Decisions
Cited in 11
cases, 2003–2018 · leading case: Gonzalez v. State
Gonzalez v. State (2009)
“On June 19, 2007, Gonzalez was adjudicated incompetent to stand trial due to his mental retardation, and he was involuntarily committed pursuant to section 916.302, Florida Statutes (2007).”
Graham v. Jenne (2003)
“In Part III, the court's authority to order the involuntary commitment of someone who is retarded and adjudicated incompetent to proceed is governed by section 916.302. *558 There is no doubt that Graham is "incompetent to proceed" as that term is defined in section 916.”
State v. Miranda (2014)
“comes from section 916.302 and shows the only differences between the relevant portions of sections 916.”
Columbus Williams v. State of Florida (2018)
“* Because Williams does not meet the criteria to be involuntarily committed pursuant to section 916.302, “the State must either institute civil commitment proceedings or release” him.”
Agency for Persons With Disabilities v. Dallas (2010)
“§ 916.302(1), Fla. Stat. (2009). If these criteria are met, the defendant “shall be committed to the [Agency], and the [Agency] shall retain and provide appropriate training for the defendant.”
Roddenberry v. State (2005)
“r future the defendant will inflict serious bodily harm on himself or another person, as evidenced by recent behavior causing, attempting or threatening such harm; and The defendant requires a secure placement due to clear and convincing evidence that all available…”
Department of Children & Families v. Davis (2012)
“(2011) (defining “mental illness” and specifically excluding defendants with only mental retardation and conditions manifested only by antisocial behavior); see also § 916.302, Fla. Stat. (2011) (providing for involuntary commitment of defendant determined incompetent due to…”
Department of Children & Families v. Harrison (2003)
“Although the court found the respondent incompetent to stand trial, it found he did not meet the statutory criteria for involuntary commitment pursuant to section 916.302(1). The court ordered conditional release and required the respondent to receive training regarding…”
Dep't of Children & Families v. Henry C. Tanner & State (2018)
“The expert's conclusion in this case that Tanner has limited intellectual functioning may support a finding of intellectual disability that could then support his commitment under section 916.”
Agency for Persons with Disabilities v. Forestal (2013)
“The Agency also contends that Forestal cannot meet the criteria for commitment under section 916.302, but it is premature to reach that conclusion until the trial court has completed its work.”
D.S. v. State (2015)
“4 Additionally, had the parties and the court proceeded under section 916.302 instead of section 916.13, the course of this case might have been dramatically different.”
— 916.302(1) — 4 cases
Gonzalez v. State (2009)
“On June 19, 2007, Gonzalez was adjudicated incompetent to stand trial due to his mental retardation, and he was involuntarily committed pursuant to section 916.302, Florida Statutes (2007).”
Roddenberry v. State (2005)
“r future the defendant will inflict serious bodily harm on himself or another person, as evidenced by recent behavior causing, attempting or threatening such harm; and The defendant requires a secure placement due to clear and convincing evidence that all available…”
Agency for Persons With Disabilities v. Dallas (2010)
“§ 916.302(1), Fla. Stat. (2009). If these criteria are met, the defendant “shall be committed to the [Agency], and the [Agency] shall retain and provide appropriate training for the defendant.”
Department of Children & Families v. Harrison (2003)
“Although the court found the respondent incompetent to stand trial, it found he did not meet the statutory criteria for involuntary commitment pursuant to section 916.302(1). The court ordered conditional release and required the respondent to receive training regarding…”
— 916.302(1)(b) — 1 case
Graham v. Jenne (2003)
“In Part III, the court's authority to order the involuntary commitment of someone who is retarded and adjudicated incompetent to proceed is governed by section 916.302. *558 There is no doubt that Graham is "incompetent to proceed" as that term is defined in section 916.”
— 916.302(1)(d) — 1 case
Columbus Williams v. State of Florida (2018)
“* Because Williams does not meet the criteria to be involuntarily committed pursuant to section 916.302, “the State must either institute civil commitment proceedings or release” him.”
— 916.302(2) — 1 case
Agency for Persons With Disabilities v. Dallas (2010)
“§ 916.302(1), Fla. Stat. (2009). If these criteria are met, the defendant “shall be committed to the [Agency], and the [Agency] shall retain and provide appropriate training for the defendant.”
— 916.302(2)(a) — 1 case
Agency for Persons With Disabilities v. Dallas (2010)
“§ 916.302(1), Fla. Stat. (2009). If these criteria are met, the defendant “shall be committed to the [Agency], and the [Agency] shall retain and provide appropriate training for the defendant.”
— 916.302(2)(b) — 1 case
Agency for Persons With Disabilities v. Dallas (2010)
“§ 916.302(1), Fla. Stat. (2009). If these criteria are met, the defendant “shall be committed to the [Agency], and the [Agency] shall retain and provide appropriate training for the defendant.”
— 916.302(l)(a) — 1 case
State v. Miranda (2014)
“comes from section 916.302 and shows the only differences between the relevant portions of sections 916.”
— 916.302(l)(b) — 1 case
State v. Miranda (2014)
“comes from section 916.302 and shows the only differences between the relevant portions of sections 916.”
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