Florida Statute 916.302 | 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. 916.302

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.

F.S. 916.302 on Google Scholar

F.S. 916.302 on Casetext

Amendments to 916.302

Arrestable Offenses / Crimes under Fla. Stat. 916.302

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 916.302.

Annotations, Discussions, Cases:

Cases Citing Statute 916.302

Total Results: 16

McDaniel v. State of Florida

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

Snippet: agency pursuant to s. 916.13, s. 916.15, or s. 916.302." § 916.106(9), Fla. Stat. (2024). Mr

CHARITY NOELLE WOOD v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2024-04-03

Snippet: agency pursuant to s. 916.13, s. 916.15, or s. 916.302." § 916.106(9).

Dep't of Children & Families v. Henry C. Tanner & State

Court: District Court of Appeal of Florida | Date Filed: 2018-10-26

Citation: 257 So. 3d 148

Snippet: may still qualify for commitment under section 916.302, Florida Statutes (2018), which authorizes involuntary

Columbus Williams v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2018-10-02

Citation: 256 So. 3d 954

Snippet: proceed in the reasonably foreseeable future.” § 916.302(1)(d), Fla. Stat. The trial court made the findings

D.S. v. State

Court: District Court of Appeal of Florida | Date Filed: 2015-06-05

Citation: 164 So. 3d 1257, 2015 Fla. App. LEXIS 8570, 2015 WL 3510309

Snippet: parties and the court proceeded under section 916.302 instead of section 916.13, the course of this case

State v. Miranda

Court: District Court of Appeal of Florida | Date Filed: 2014-04-02

Citation: 137 So. 3d 1133, 2014 WL 1304724, 2014 Fla. App. LEXIS 4823

Snippet: evidence that the defendant has a mental illness); § 916.302(l)(a) (providing for involuntary commitment based

Agency for Persons with Disabilities v. Forestal

Court: District Court of Appeal of Florida | Date Filed: 2013-06-21

Citation: 115 So. 3d 1089, 2013 Fla. App. LEXIS 9804, 2013 WL 3099769

Snippet: meet the criteria for commitment under section 916.302, but it is premature to reach that conclusion until

Department of Children & Families v. Davis

Court: District Court of Appeal of Florida | Date Filed: 2012-05-25

Citation: 114 So. 3d 983, 2012 WL 1886007, 2012 Fla. App. LEXIS 8429

Snippet: manifested only by antisocial behavior); see also § 916.302, Fla. Stat. (2011) (providing for involuntary commitment

Agency for Persons With Disabilities v. Dallas

Court: District Court of Appeal of Florida | Date Filed: 2010-06-21

Citation: 38 So. 3d 831, 2010 Fla. App. LEXIS 8917, 2010 WL 2472272

Snippet: and found that he meets the criteria in section 916.302(1) for involuntary commitment. Accordingly, the

Gonzalez v. State

Court: District Court of Appeal of Florida | Date Filed: 2009-05-20

Citation: 15 So. 3d 37, 2009 Fla. App. LEXIS 5513, 2009 WL 1393071

Snippet: was involuntarily committed pursuant to section 916.302, Florida Statutes (2007). In February 2008, on

Department of Children & Family Services v. Amaya

Court: District Court of Appeal of Florida | Date Filed: 2009-03-25

Citation: 10 So. 3d 152, 2009 Fla. App. LEXIS 2487, 2009 WL 763584

Snippet: agency pursuant to s. 916.13, s. 916.15, or s. 916.302. (emphasis added). Section 916.13 permits a court

Ago

Court: Florida Attorney General Reports | Date Filed: 2007-05-02

Snippet: adjudicated not guilty by reason of insanity), or s. 916.302 (involuntary commitment of defendant determined

Roddenberry v. State

Court: District Court of Appeal of Florida | Date Filed: 2005-03-18

Citation: 898 So. 2d 1070, 2005 WL 623340

Snippet: finding pursuant to subsection (d) of section 916.302(1)that: There is a substantial probability that

Palm Beach County Sheriff v. State

Court: District Court of Appeal of Florida | Date Filed: 2003-09-17

Citation: 854 So. 2d 278, 2003 Fla. App. LEXIS 13989, 2003 WL 22136052

Snippet: retardation, pursuant to sections 916.106(12) and 916.302, Florida Statutes (2001), or mental illness pursuant

Department of Children & Families v. Harrison

Court: District Court of Appeal of Florida | Date Filed: 2003-07-02

Citation: 848 So. 2d 460, 2003 Fla. App. LEXIS 9979, 2003 WL 21507090

Snippet: for involuntary commitment pursuant to section 916.302(1). The court ordered conditional release and required

Graham v. Jenne

Court: District Court of Appeal of Florida | Date Filed: 2003-02-12

Citation: 837 So. 2d 554, 2003 WL 289263

Snippet: incompetent to proceed is governed by section 916.302. *558 There is no doubt that Graham is "incompetent