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The Florida Statutes
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The 1995 Florida Statutes
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916.15 Involuntary commitment
of defendant adjudicated not guilty by reason of
insanity. ---
(1) A person who is acquitted of criminal charges
because of a finding of not guilty by reason of insanity may be
involuntarily committed pursuant to such finding if he is mentally
ill and, because of his illness, is manifestly dangerous to himself
or others.
(2) Every person acquitted of criminal charges by
reason of insanity and found to meet the criteria for involuntary
commitment may be committed and treated in accordance with the
provisions of this section and the applicable Florida Rules of
Criminal Procedure. The department shall admit a defendant so
adjudicated to an appropriate facility or program for treatment and
may retain and treat such defendant. No later than 6 months after
the date of admission, prior to the end of any period of extended
commitment, or at any time the administrator shall have determined
that the defendant no longer meets the criteria for continued
commitment placement, the administrator shall file a report with
the court pursuant to the applicable Florida Rules of Criminal
Procedure.
(3) In all proceedings under this subsection, both the
patient and the state shall have the right to a hearing before the
committing court. Evidence at such hearing may be presented by
the hospital administrator or his designee as well as by the state
and the defendant. The defendant shall have the right to counsel
at any such hearing. In the event that a defendant cannot afford
counsel, the court shall appoint the public defender to represent
him. The parties shall have access to the defendant's records at
the treating facilities and may interview or depose personnel who
have had contact with the defendant at the treating
facilities.
History: s. 1, ch. 80-75; s. 36, ch. 85-167.
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