Sex offenses carry severe sentences as well as a lifetime of stigmatization as a sex offender. Sometimes, they can result in periods of incarceration that extend beyond the original sentence. This can occur under the Jimmy Ryce Act.
Under the Act, a “Sexually Violent Offender” is defined by Fla. Stat. § 394.912(10) as “any person who has been convicted of a sexually violent offense and suffers from a mental abnormality or personality disorder that makes the person likely to engage in acts of sexual violence if not confined in a secure facility for long-term control, care, and treatment.” If the Office of the State Attorney believes that a person in custody is a sexually violent offender, they may file a petition to have that person declared a sexually violent offender. If a court makes a finding of probable cause to believe the person is a sexually violent offender, that person must be held in custody until a trial is concluded. Generally speaking, a jury trial, if requested, must be held within 30 days of the finding of probable cause.
If the court or jury determines by clear and convincing evidence that the person is a sexually violent predator, upon the expiration of the incarcerative portion of all criminal sentences and disposition of any detainers, the person shall be committed to the custody of the Department of Children and Families for control, care, and treatment until such time as the person’s mental abnormality or personality disorder has so changed that it is safe for the person to be at large. At all times, persons who are detained or committed under this part shall be kept in a secure facility segregated from patients of the department who are not detained or committed under this part. Fla. Stat. § 394.917(2). This commitment is indefinite and could last for the duration of the person’s natural life.
A committed person is entitled to have their commitment reviewed on an annual basis. If the annual review is not waived by the person committed, the Court must hold a hearing to determine whether probable cause exists to believe that the person’s condition has so changed that it is safe for the person to be at large and that the person will not engage in acts of sexual violence if discharged. Fla. Stat. § 394.918(3). At the probable cause hearing, the court must determine the sufficiency of the evidence presented, without weighing it and making credibility determinations. Spivey v. State, 100 So.3d 1254 (Fla. 5th DCA 2012).
If probable cause is found, the court must hold a non-jury trial where the state bears the burden of proving, by clear and convincing evidence, that the person’s mental condition remains such that it is not safe for the person to be at large and that, if released, the person is likely to engage in acts of sexual violence. Fla. Stat. § 394.918(4). If the State fails to meet its burden, the committed person is released. If the State proves its case, the person remains involuntarily committed in a secure facility.
Finally, if the secretary of the Department of Children and Families or the secretary’s designee at any time determines that the person is not likely to commit acts of sexual violence if discharged, the secretary or the secretary’s designee shall authorize the person to petition the court for release. The court, upon receipt of such a petition, shall order a trial before the court within 30 days, unless continued for good cause. Fla. Stat. § 394.919.
If you or a family member is facing civil commitment under the Jimmy Ryce Act, call the attorneys at Brandon Legal Group at 813.902.3576 to set up your free consultation. We would love to help.
