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Title XLVII Chapter 916 Mentally Deficient and Mentally Ill Defendants

Legal Research Home > Florida Statutes > Criminal Procedure and Corrections > Title XLVII Chapter 916 Mentally Deficient and Mentally Ill Defendants

Part I - General Provisions (ss. 916.10-916.1093)

  • §916.10   Short title.
    This chapter may be cited as the "Forensic Client Services Act."History.—s. 29, ch.
  • §916.105   Legislative intent.
    (1) It is the intent of the Legislature that the Department of Children and Family Services and the Agency for Persons with Disabilities, as appropriate, establish,...
  • §916.106   Definitions.
    For the purposes of this chapter, the term:(1) "Agency" means the Agency for Persons with Disabilities. The agency is responsible for training forensic clients who are...
  • §916.107   Rights of forensic clients.
    (1) RIGHT TO INDIVIDUAL DIGNITY.—(a) The policy of the state is that the individual dignity of the client shall be respected at all times and upon all...
  • §916.1075   Sexual misconduct prohibited; reporting required; penalties.
    (1) As used in this section, the term:(a) "Covered person" means an employee, volunteer, or intern of the department or agency; any person under contract with the...
  • §916.1081   Escape from program; penalty.
    (1) A forensic client who is involuntarily committed to the department or agency, who is in the custody of the department or agency, and who escapes...
  • §916.1085   Introduction or removal of certain articles unlawful; penalty.
    (1)(a) Except as authorized by law or as specifically authorized by the person in charge of a facility, it is unlawful to introduce into or upon...
  • §916.1091   Duties, functions, and powers of institutional security personnel.
    (1) In case of emergency, and when necessary to provide protection and security to any client, to the personnel, equipment, buildings, or grounds of a department...
  • §916.1093   Operation and administration; rules.
    (1) The department or agency may enter into contracts and do such things as may be necessary and incidental to assure compliance with and to carry...

Part II - Forensic Services for Persons Who Are Mentally Ill (ss. 916.111-916.17)

  • §916.111   Training of mental health experts.
    The evaluation of defendants for competency to proceed or for sanity at the time of the commission of the offense shall be conducted in such...
  • §916.115   Appointment of experts.
    (1) The court shall appoint no more than three experts to determine the mental condition of a defendant in a criminal case, including competency to proceed,...
  • §916.12   Mental competence to proceed.
    (1) A defendant is incompetent to proceed within the meaning of this chapter if the defendant does not have sufficient present ability to consult with her...
  • §916.13   Involuntary commitment of defendant adjudicated incompetent.
    (1) Every defendant who is charged with a felony and who is adjudicated incompetent to proceed may be involuntarily committed for treatment upon a finding by...
  • §916.14   Statute of limitations; former jeopardy.
    The statute of limitations shall not be applicable to criminal charges dismissed because of the incompetency of the defendant to proceed. If a defendant is...
  • §916.145   Dismissal of charges.
    The charges against any defendant adjudicated incompetent to proceed due to the defendant's mental illness shall be dismissed without prejudice to the state if the...
  • §916.15   Involuntary commitment of defendant adjudicated not guilty by reason of insanity.
    (1) The determination of whether a defendant is not guilty by reason of insanity shall be determined in accordance with Rule 3.217, Florida Rules of Criminal...
  • §916.16   Jurisdiction of committing court.
    (1) The committing court shall retain jurisdiction over any defendant involuntarily committed due to a determination of incompetency to proceed due to mental illness or a...
  • §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...

Part III - Forensic Services for Persons Who Are Intellectually Disabled or Autistic (ss. 916.301-916.304)

  • §916.301   Appointment of experts.
    (1) All evaluations ordered by the court under this part must be conducted by qualified experts who have expertise in evaluating persons who have an intellectual...
  • §916.3012   Mental competence to proceed.
    (1) A defendant whose suspected mental condition is intellectual disability or autism is incompetent to proceed within the meaning of this chapter if the defendant does...
  • §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...
  • §916.3025   Jurisdiction of committing court.
    (1) The committing court shall retain jurisdiction in the case of any defendant found to be incompetent to proceed due to intellectual disability or autism and...
  • §916.303   Determination of incompetency; dismissal of charges.
    (1) The charges against any defendant found to be incompetent to proceed due to intellectual disability or autism shall be dismissed without prejudice to the state...
  • §916.304   Conditional release.
    (1) Except for an inmate currently serving a prison sentence, the committing court may order a conditional release of any defendant who has been found to...

Last modified: July 29, 2014