F.S. 916.17 on Google Scholar

F.S. 916.17 on Casetext

Amendments to 916.17

The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B)

Chapter 916
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F.S. 916.17 Florida Statutes and Case Law
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 commitment to a facility pursuant to s. 916.13 or s. 916.15 based upon an approved plan for providing appropriate outpatient care and treatment. Upon a recommendation that outpatient treatment of the defendant is appropriate, a written plan for outpatient treatment, including recommendations from qualified professionals, must be filed with the court, with copies to all parties. Such a plan may also be submitted by the defendant and filed with the court with copies to all parties. The plan shall include:
(a) Special provisions for residential care or adequate supervision of the defendant.
(b) Provisions for outpatient mental health services.
(c) If appropriate, recommendations for auxiliary services such as vocational training, educational services, or special medical care.

In its order of conditional release, the court shall specify the conditions of release based upon the 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 in treatment, with copies to all parties.

(2) Upon the filing of an affidavit or statement under oath by any person that the defendant has failed to comply with the conditions of release, that the defendant’s condition has deteriorated to the point that inpatient care is required, or that the release conditions should be modified, the court shall hold a hearing within 7 days after receipt of the affidavit or statement under oath. After the hearing, the court may modify the release conditions. The court may also order that the defendant be returned to the department if it is found, after the appointment and report of experts, that the person meets the criteria for involuntary commitment under s. 916.13 or s. 916.15.
(3) If at any time it is determined after a hearing that the defendant who has been conditionally released under subsection (1) no longer requires court-supervised followup care, the court shall terminate its jurisdiction in the cause and discharge the defendant.
History.s. 1, ch. 80-75; s. 37, ch. 85-167; s. 1534, ch. 97-102; s. 21, ch. 98-92; s. 16, ch. 2006-195.

Statutes updated from Official Statutes on: March 07, 2023
F.S. 916.17 on Google Scholar

F.S. 916.17 on Casetext

Amendments to 916.17

Arrestable Offenses / Crimes under Fla. Stat. 916.17
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 916.17.

Civil Citations / Citable Offenses under S916.17
R or S next to points is Mandatory Revocation or Suspension

Current data shows no reason a civil citation or a suspension or revocation of license should have been issued under Florida Statute 916.17.

Annotations, Discussions, Cases:

  1. 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.
    PAGE 83
  2. 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:
    PAGE 156
  3. 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.
    PAGE 1176
  4. 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.
    PAGE 166
  5. McCray v. State

    200 So. 3d 1296 (Fla. Dist. Ct. App. 2016)   Cited 2 times
    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…
    PAGE 1297
  6. State v. Carey

    212 So. 3d 448 (Fla. Dist. Ct. App. 2017)   Cited 1 times
    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:
    PAGE 450
  7. 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.
    PAGE 222
  8. 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:
    PAGE 403
  9. 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.
    PAGE 840