The 2023 Florida Statutes (including Special Session C)

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 from cite.case.law:

DEPARTMENT OF CHILDREN AND FAMILIES, v. C. TANNER, 257 So. 3d 148 (Fla. App. Ct. 2018)

. . . commitment under section 916.13 was not authorized, he may still qualify for commitment under section 916.302 . . . may support a finding of intellectual disability that could then support his commitment under section 916.302 . . . consistent with this opinion, including determining whether Tanner qualifies for commitment under section 916.302 . . .

WILLIAMS, v. STATE, 256 So. 3d 954 (Fla. App. Ct. 2018)

. . . ." § 916.302(1)(d), Fla. Stat. . . . Because Williams does not meet the criteria to be involuntarily committed pursuant to section 916.302 . . .

D. S. v. STATE, 164 So. 3d 1257 (Fla. Dist. Ct. App. 2015)

. . . Additionally, had the parties and the court proceeded under section 916.302 instead of section 916.13 . . .

STATE v. MIRANDA,, 137 So. 3d 1133 (Fla. Dist. Ct. App. 2014)

. . . involuntary commitment based on clear and convincing evidence that the defendant has a mental illness); § 916.302 . . . involuntary commitment of a defendant determined to be incompetent to proceed due to mental illness); § 916.302 . . . conditions manifested only by antisocial behavior or substance abuse impairment. . comes from section 916.302 . . . and shows the only differences between the relevant portions of sections 916.13 and 916.302. . . . Section 916.13 discusses "mental illness” and "treatment,” while section 916.302 utilizes the terms " . . .

AGENCY FOR PERSONS WITH DISABILITIES, v. FORESTAL,, 115 So. 3d 1089 (Fla. Dist. Ct. App. 2013)

. . . The Agency also contends that Forestal cannot meet the criteria for commitment under section 916.302, . . .

DEPARTMENT OF CHILDREN FAMILIES, v. DAVIS, 114 So. 3d 983 (Fla. Dist. Ct. App. 2012)

. . . defendants with only mental retardation and conditions manifested only by antisocial behavior); see also § 916.302 . . .

AGENCY FOR PERSONS WITH DISABILITIES, v. DALLAS, 38 So. 3d 831 (Fla. Dist. Ct. App. 2010)

. . . Dallas incompetent to proceed due to mental retardation and found that he meets the criteria in section 916.302 . . . STAT. § 916.302(2).” III. . . . training and the defendant will regain competency to proceed in the reasonably foreseeable future. § 916.302 . . . the [Agency], and the [Agency] shall retain and provide appropriate training for the defendant.” § 916.302 . . . forensic facility designated by the [Agency] for defendants who have mental retardation or autism.” § 916.302 . . .

GONZALEZ, v. STATE, 15 So. 3d 37 (Fla. Dist. Ct. App. 2009)

. . . to stand trial due to his mental retardation, and he was involuntarily committed pursuant to section 916.302 . . . 1070, 1073 (Fla. 5th DCA 2005) (reversing mentally retarded defendant’s pretrial commitment under § 916.302 . . . governing dismissal of criminal charges is not limited to defendants who are committed under section 916.302 . . .

DEPARTMENT OF CHILDREN AND FAMILY SERVICES, v. AMAYA, 10 So. 3d 152 (Fla. Dist. Ct. App. 2009)

. . . defendant who has been committed to the department or agency pursuant to s. 916.13, s. 916.15, or s. 916.302 . . . Amaya does not qualify for commitment to DCF under section 916.13, 916.15, or 916.302; he is, therefore . . .

H. RODDENBERRY, v. STATE, 898 So. 2d 1070 (Fla. Dist. Ct. App. 2005)

. . . This order is deficient because it contains no finding pursuant to subsection (d) of section 916.302( . . .

PALM BEACH COUNTY SHERIFF, Ed J. A. C. W. v. STATE, 854 So. 2d 278 (Fla. Dist. Ct. App. 2003)

. . . incompetent to proceed, either because of mental retardation, pursuant to sections 916.106(12) and 916.302 . . .

DEPARTMENT OF CHILDREN FAMILIES, v. HARRISON,, 848 So. 2d 460 (Fla. Dist. Ct. App. 2003)

. . . trial, it found he did not meet the statutory criteria for involuntary commitment pursuant to section 916.302 . . .

L. GRAHAM, v. JENNE,, 837 So. 2d 554 (Fla. Dist. Ct. App. 2003)

. . . commitment of someone who is retarded and adjudicated incompetent to proceed is governed by section 916.302 . . . because his previous non-violent burglaries did not rise to the level of danger required by section 916.302 . . . Before a retarded, incompetent defendant can be involuntarily committed, section 916.302(l)(b) requires . . . or another person, as evidenced by recent behavior causing, attempting or threatening such harm.” § 916.302 . . .