Florida Statutes Part V - Involuntary Civil Commitment Of Sexually Violent Predators (Ss. 394.910-394.932)
- 394.910 - Legislative Findings And Intent.
The Legislature finds that a small but extremely dangerous number of sexually violent predators exist who do not have a mental disease or defect that...
- 394.911 - Legislative Intent.
The Legislature intends that persons who are subject to the civil commitment procedure for sexually violent predators under this part be subject to the procedures...
- 394.912 - Definitions.
As used in this part, the term:(1) “Agency with jurisdiction” means the entity that releases, upon lawful order or authority, a person who is serving a...
- 394.9125 - State Attorney; Authority To Refer A Person For Civil Commitment.
(1) A state attorney shall refer a person to the department for civil commitment proceedings if:(a) The state attorney receives an arrest alert on the person pursuant...
- 394.913 - Notice To State Attorney And Multidisciplinary Team Of Release Of Sexually Violent Predator; Establishing Multidisciplinary Teams; Information To Be Provided To Multidisciplinary Teams.
(1) The agency with jurisdiction over a person who has been convicted of a sexually violent offense shall give written notice to the multidisciplinary team and...
- 394.9135 - Immediate Releases From Total Confinement; Transfer Of Person To Department; Time Limitations On Assessment, Notification, And Filing Petition To Hold In Custody; Filing Petition After Release; Order Into Custody Of Department After Release.
(1)(a) If the anticipated release from total confinement of a person who has been convicted of a sexually violent offense becomes immediate for any reason, the...
- 394.914 - Petition; Contents.
After receipt from the multidisciplinary team of the written assessment and positive or negative recommendation as to whether the person meets the definition of a...
- 394.915 - Determination Of Probable Cause; Hearing; Evaluation; Respondent Taken Into Custody; Bail.
(1) When the state attorney files a petition seeking to have a person declared a sexually violent predator, the judge shall determine whether probable cause exists...
- 394.9151 - Contract Authority.
The Department of Children and Families may contract with a private entity or state agency for use of and operation of facilities to comply with...
- 394.9155 - Rules Of Procedure And Evidence.
In all civil commitment proceedings for sexually violent predators under this part, the following shall apply:(1) The Florida Rules of Civil Procedure apply unless otherwise specified...
- 394.916 - Trial; Counsel And Experts; Indigent Persons; Jury.
(1) Within 30 days after the determination of probable cause, the court shall conduct a trial to determine whether the person is a sexually violent predator.(2) The...
- 394.917 - Determination; Commitment Procedure; Mistrials; Housing; Counsel And Costs In Indigent Appellate Cases.
(1) The court or jury shall determine by clear and convincing evidence whether the person is a sexually violent predator. If the determination is made by...
- 394.918 - Examinations; Notice; Court Hearings For Release Of Committed Persons; Burden Of Proof.
(1) A person committed under this part shall have an examination of his or her mental condition once every year or more frequently at the court’s...
- 394.919 - Authorized Petition For Release; Procedure.
(1) If the secretary or the secretary’s designee at any time determines that the person is not likely to commit acts of sexual violence if discharged,...
- 394.920 - Petition For Release.
A person is not prohibited from filing a petition for discharge at any time after commitment under this part. However, if the person has previously...
- 394.921 - Release Of Records To Agencies, Multidisciplinary Teams, And State Attorney.
(1) In order to protect the public, relevant information and records that are otherwise confidential or privileged shall be released to the agency with jurisdiction, to...
- 394.9215 - Right To Habeas Corpus.
(1)(a) At any time after exhausting all administrative remedies, a person held in a secure facility under this part may file a petition for habeas corpus...
- 394.9221 - Certified Security Personnel.
The department or an entity contracting with the department to operate a secure facility under this part is considered an employing agency as that term...
- 394.9223 - Use Of Force.
(1) When necessary to provide protection and security to any client, to the personnel, equipment, buildings, or grounds of a secure facility, or to citizens in...
- 394.923 - Immunity From Civil Liability.
The agency with jurisdiction and its officers and employees; the department and its officers and employees; members of the multidisciplinary team; the state attorney and...
- 394.924 - Severability.
If any section, subsection, or provision of this part is held to be unconstitutional or invalid by a court of competent jurisdiction, the remaining portions...
- 394.925 - Applicability Of Act.
This part applies to all persons currently in custody who have been convicted of a sexually violent offense, as that term is defined in s....
- 394.926 - Notice To Victims And Others Of Release Of Persons In The Custody Of The Department.
(1) As soon as is practicable, the department shall give written notice of the release of a person in the custody of the department to any...
- 394.9265 - Introduction Or Removal Of Certain Articles Unlawful; Penalty.
(1) Except as authorized by law or as specifically authorized by the person in charge of a secure facility providing secure confinement and treatment under this...
- 394.927 - Escape While In Lawful Custody; Notice To Victim; Notice To The Department Of Corrections And Florida Commission On Offender Review.
(1) A person who is held in lawful custody pursuant to a judicial finding of probable cause under s. 394.915 or pursuant to a commitment as...
- 394.928 - Subsistence Fees And Costs Of Treatment.
(1) In recognition of the fact that persons committed under this part may have sources of income and assets, which may include bank accounts, inheritances, real...
- 394.929 - Program Costs.
The Department of Children and Families is responsible for all costs relating to the evaluation and treatment of persons committed to the department’s custody as...
- 394.930 - Authority To Adopt Rules.
The Department of Children and Families shall adopt rules for:(1) Procedures that must be followed by members of the multidisciplinary teams when assessing and evaluating persons...
- 394.931 - Quarterly And Annual Reports.
The Department of Corrections shall collect information and compile quarterly reports with statistics profiling inmates released the previous quarter who fit the criteria and were...
- 394.932 - Registry Of Experts.
The Justice Administrative Commission shall maintain a registry of mental health and other experts who are available and willing to provide examinations and expert testimony...
Last modified: September 23, 2016