(1) A state attorney shall refer a person to the department for civil commitment proceedings if:
(a) The state attorney receives an arrest alert on the person pursuant to s. 394.926(4); and
(b) The person is subsequently sentenced to a term of imprisonment in a county or municipal jail for any criminal offense.
(2) A state attorney may refer a person to the department for civil commitment proceedings if the person:
(a) Is required to register as a sexual offender pursuant to s. 943.0435;
(b) Has previously been convicted of a sexually violent offense as defined in s. 394.912(9)(a)-(h); and
(c) Has been sentenced to a term of imprisonment in a county or municipal jail for any criminal offense.
(3) A state attorney who refers a person for civil commitment pursuant to subsection (1) or subsection (2) shall notify the county or municipal jail to which the person has been sentenced within 24 hours after the referral is made.
(4)(a) If a person is sentenced to a term of imprisonment in a county or municipal jail but is not subsequently totally confined in the jail due to receiving credit for time served, the state attorney may file a petition with the circuit court within 120 hours after such person’s sentencing proceeding requesting the court to order such person into the department’s custody for purposes of initiating civil commitment proceedings.
(b) If the judge determines that there is probable cause to believe that the person should have been referred to the department pursuant to subsection (1) or subsection (2) but that the referral was not made because the person was not totally confined in a county or municipal jail due to receiving credit for time served, the judge shall order that the person be taken into custody and delivered to the custody of the department for civil commitment proceedings.
History.—s. 2, ch. 2014-2; s. 65, ch. 2016-24; s. 9, ch. 2021-156.
Structure Florida Statutes
Part V - Involuntary Civil Commitment of Sexually Violent Predators (Ss. 394.910-394.932)
394.910 - Legislative findings and intent.
394.9125 - State attorney; authority to refer a person for civil commitment.
394.915 - Determination of probable cause; hearing; evaluation; respondent taken into custody; bail.
394.9151 - Contract authority.
394.9155 - Rules of procedure and evidence.
394.916 - Trial; counsel and experts; indigent persons; jury.
394.918 - Examinations; notice; court hearings for release of committed persons; burden of proof.
394.919 - Authorized petition for release; procedure.
394.920 - Petition for release.
394.921 - Release of records to agencies, multidisciplinary teams, and state attorney.
394.9215 - Right to habeas corpus.
394.9221 - Certified security personnel.
394.923 - Immunity from civil liability.
394.925 - Applicability of act.
394.926 - Notice to victims and others of release of persons in the custody of the department.
394.9265 - Introduction or removal of certain articles unlawful; penalty.
394.928 - Subsistence fees and costs of treatment.
394.930 - Authority to adopt rules.