Amendments to 916.17

1. Boclair v. State

   524 So. 2d 467 (Fla. Dist. Ct. App. 1988)   Cited 4 times

   This suggestion by the Hill court has since been codified at Section 916.17, Florida Statutes (1985) which authorizes the committing court to order a conditional release of any defendant who has been committed according to an adjudication of not guilty by reason of insanity based on an approved plan for providing appropriate outpatient care and treatment. In its order of conditional release, the court is directed to specify the conditions of release based upon a release plan and shall direct the appropriate agencies or persons to submit periodic reports to the court regarding the defendant's compliance with the conditions of the release and progress and treatment.

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2. Dep't of Children & Families v. State

   201 So. 3d 78 (Fla. Dist. Ct. App. 2015)   Cited 5 times

   Amaya, 10 So.3d at 152, cited by the Second District Court of Appeal in Carmona, is a similar case. There, the defendant was arrested for forceful sexual battery of his 13–year–old stepdaughter. The day after his arrest, he complained of weakness in his left side and continuous headache and was transported to the hospital. He was diagnosed with an inoperable brain tumor and was advised he had approximately one year to live. In further proceedings, Amaya was found not competent to proceed to trial, and that he was not likely to be restored to competency because of the advanced stage of his brain tumor. The trial court ordered him to be conditionally released to the care and custody of the Department pursuant to section 916.17. The Fourth District Court of Appeal quashed the order. As in Carmona, and as we decide today, that Court found that “Section 916.17 provides an alternative to placement in a treatment facility for defendants committed to DCF under section 916.13. Contrary to the trial court's order, an incompetent defendant may not be committed to DCF if the statutory criteria [in section 916.13 ] are not met.” Id. at 155–56.

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3. Dept. of Children and Family v. Amaya

   10 So. 3d 152 (Fla. Dist. Ct. App. 2009)   Cited 11 times

   Florida Rule of Criminal 3.219(a), which implements the conditional release of section 916.17, provides:

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4. Paolercio v. State

   129 So. 3d 1174 (Fla. Dist. Ct. App. 2014)   Cited 2 times

   Here, however, the trial court determined that section 916.17 did not apply because there was no indication that Petitioner's competency might be restored pursuant to either involuntary commitment or outpatient treatment, and because it did not find that Petitioner was incapable of surviving alone or with the help of friends, or that he was likely to inflict serious bodily harm to himself or others. § 916.17(1), Fla. Stat. (2012); § 916.13(1)(a), Fla. Stat. (2012). Therefore, the trial court detained Petitioner pursuant to section 903.0471, finding that there was probable cause that Petitioner committed a new offense while on pretrial release.

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5. Dep't of Children & Families v. Carmona

   159 So. 3d 165 (Fla. Dist. Ct. App. 2015)   Cited 6 times

   Following that hearing, the trial court entered its “Order of Conditional Release and Temporary Placement of Defendant Previously Adjudged Incompetent to Proceed Pursuant to § 916.17 Fla. Stat.” Included in that order was the finding that Mr. Carmona “does not meet the criteria for commitment to a treatment facility of the Department of Children and Families as provided in section 916.13(1).” However, the order did find that Mr. Carmona needed “case managed treatment to restore competency to proceed.” Accordingly, the trial court ordered that Mr. Carmona be transported from the Pasco County Jail to Windmoor Hospital, where he was to remain until a bed was available at BayCare Behavioral Health facility. Further, the order required the Department to assume the costs of Mr. Carmona's care at these facilities and stated that this was to be considered a release pursuant to section 916.17, the conditional release statute. It is this order that the Department now asks this court to quash.

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6. McCray v. State

   200 So. 3d 1296 (Fla. Dist. Ct. App. 2016)   Cited 2 times

   • Motion to dismiss

   In this certiorari proceeding, a criminal defendant who has been adjudicated incompetent to proceed due to mental illness seeks relief from those portions of a trial court order that denied his motion to dismiss the information and continued, with modifications, a program of conditional release previously imposed pursuant to section 916.17, Florida Statutes (2014). To the extent he seeks relief from that portion of the trial court's order continuing the program of conditional release, the petition for writ of certiorari is granted and that portion of the trial court's order is quashed. Petitioner did not qualify for involuntary commitment under section 916.13 and therefore was not eligible for placement on conditional release under section 916.17 as a matter of statutory text. See § 916.17 (providing for placement on a program of conditional release “in lieu of” placement in involuntary commitment); Dep't of Children & Families v. Carmona, 159 So.3d 165, 167 (Fla. 2d DCA 2015) (“[C]onditional release under section 916.17 is appropriate only when a defendant meets the criteria for commitment ....” (quoting Dep't of Children & Family Servs. v…

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7. State v. Carey

   212 So. 3d 448 (Fla. Dist. Ct. App. 2017)   Cited 1 times

   • Motion to dismiss

   In reaching this conclusion we necessarily reject Appellee's argument that section 916.17 of the Florida Statutes conferred discretion on the court below to dismiss the charges against Appellee in less than five years. That provision, authorizes conditional release in lieu of involuntary commitment either before an adjudication of guilt or after an acquittal on a finding of not guilty by reason of insanity. Section 916.17 expressly authorizes release in either circumstance when predicated on a court approved treatment plan encompassing, among other things, periodic follow up reports to the court regarding a defendant's compliance and treatment progress:

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8. Marino v. State

   277 So. 3d 219 (Fla. Dist. Ct. App. 2019)   Cited 1 times

   Douse involved a defendant who was conditionally released pursuant to section 916.17, Florida Statutes. That statute governs conditional release of incompetent defendants "in lieu of an involuntary commitment to a facility." § 916.17(1), Fla. Stat. When a court opts to conditionally release a defendant in lieu of commitment, the statute allows the court to modify release conditions or order commitment upon a violation of release conditions. § 916.17(2), Fla. Stat. Importantly, the defendant in Douse appears to have qualified for commitment. Specifically, one of the examining doctors opined that the defendant was a candidate for involuntary hospitalization, and the doctors had opined that the defendant needed treatment that could be provided only through commitment. Douse , 930 So. 2d at 839–40. Douse is thus distinguishable as treatment in jail was not an option because the less restrictive alternative of involuntary commitment for restoration of competency was available.

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9. Morrow v. State

   153 So. 3d 402 (Fla. Dist. Ct. App. 2014)

   Section 916.16 provides the trial court with continuing jurisdiction over a defendant it either involuntarily commits or places on conditional release pursuant to section 916.17. Section 916.17 mandates:

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10. Douse v. State

    930 So. 2d 838 (Fla. Dist. Ct. App. 2006)   Cited 7 times

    We therefore grant the writ to the extent of requiring an immediate hearing for the trial judge to select the appropriate section 916.17(2) option. While it may be advisable to have defendant evaluated once again for competency under section 916.12(2), the previous evaluating doctors both opined that this defendant was in need of treatment available only through commitment. We leave it up to the trial judge to decide whether to proceed on the current record or to order new evaluations.

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