Understanding Civil Commitments in the Judicial System

Civil Commitments Presented by Susan Barber, Circuit Judge, Tenth Judicial Circuit Angela Cowden, Circuit Judge, Tenth Judicial Circuit

Types of Civil Commitments Baker Act Marchman Act Jimmy Ryce Act

Baker Acts What is it? How is it initiated? Who can initiate it?

Baker Act F.S. 394.451-394.475 In the Petition, look for words that describe danger to oneself or others Look for descriptions of mental health issues Anything else?

Baker Act F.S. 394.451-394.475 Can the person make the decision to seek help? Has the person refused the examination? Is the person in the county where the petition is filed?

Baker Act Question For how long is the Baker Act Order effective?

Baker Act Answer Two part answer: If executed, for the length of time to complete the examination (see next slide). If unexecuted, seven (7) days.

Baker Act F.S. 394.463 Examination up to 72 hours Notice to anyone? Petition for Involuntary Services Hearing within 5 court working days

Baker Act Hearings The Patient is represented by the Public Defender s Office. (When are they appointed?) The State Attorney s Office prosecutes the commitment in a Baker Act proceeding. Why?

Baker Act Hearings Consider testimony including whether the patient has a care network outside the facility Consider whether the patient is self- motivated to follow doctor s orders when released

Baker Act Hearings Guardian Advocates Is one appointed? If so, how and who?

Baker Act Hypotheticals Please discuss the Baker Act Hypotheticals on your tables among yourselves and we will review them.

Marchman Act Question(s) What is it? How is it initiated? Who initiates it? The law changed in 2016.

Marchman Act Answer Who? One person, even an unrelated person, as long as they have first hand knowledge of the Respondent s substance impairment. For juveniles, a parent or legal guardian, or a licensed service provider are the only ones who can file a Marchman Act Petition.

Marchman Act F.S. 397 Look for allegations of drug use. petitioners write about bad behavior and never allege that the basis is drug misuse. Sometimes

Marchman Act F.S. 397 Petitions can be Granted, Denied, or an Order Setting Hearing on the Petition can be entered (like injunctions).

Marchman Act F.S. 397 Petitioners must attend the hearing. If they do not, the Judge or Magistrate will in all likelihood dismiss the Petition for lack of jurisdiction. Dismissals are always without prejudice, much like injunctions.

Marchman Act Hearings The Respondent has the right to be represented by Counsel; the Office of Regional Counsel can be appointed.

Marchman Act Hearings PITFALL: the facility is usually unrepresented, but the Respondent is often represented by counsel. The Petitioner is unrepresented, Avoid unrepresented parties. the appearance of helping the

Marchman Act Assessments The Respondent may only be held at the receiving facility for up to 5 days for assessment and detox.

Marchman Act Assessments What if the receiving facility will not take the Respondent because they have not been medically cleared? Who is responsible to get the Respondent to the medical facility to be medically cleared before your order for assessment can be complied with? How does (or does) the facility communicate these issues with the court?

Marchman Act Assessments Receiving Facilities are NOT locked!

Marchman Act Assessments Once the Respondent is assessed, the facility must file a Petition for Services in order for the court to have jurisdiction to order the Respondent to complete treatment.

Marchman Act Orders How do you enforce your orders? Do you have/use the contempt power?

Marchman Act Hypotheticals Please discuss the Marchman Act Hypotheticals on your tables among yourselves and we will review them.

Jimmy Ryce Act The Jimmy Ryce Act is codified in Florida Statutes 394.910-394.932 Fla. R. Civ. P.-S.V.P. 4.010 4.470 set forth procedures for the Involuntary Civil Commitment of Sexually Violent Predators (ICCSVP)

Jimmy Ryce Act How does your jurisdiction assign these cases? Criminal division? Civil division? Special assignment?

Jimmy Ryce Act Let s do some Q&A, so get out those paddles! Candy will be given for good participation!

Jimmy Ryce Act How many days before release from confinement must the Department of Corrections (DOC) give written notice to the multidisciplinary team (MDT) and the State Attorney that the Sexually Violent Predator (SVP) is to be released? a. 295 days b. 375 days c. 545 days d. 625 days

Jimmy Ryce Act Answer: c. 545 days See F.S. 394.913(1)(a)

Jimmy Ryce Act How many days before the anticipated release of a juvenile from residential commitment to the Department of Juvenile Justice must DJJ give written notice to the MDT and the State Attorney that the SVP is to be released? a. 90 days b. 120 days c. 180 days d. 240 days

Jimmy Ryce Act Answer: c. 180 days See F.S. 394.913(1)(b)

Jimmy Ryce Act How many days before the anticipated release of a person being held in the custody of the Department of Children and Families who has been found not guilty by reason of insanity must DCF give written notice to the MDT and the State Attorney that the SVP is to be released? a. 90 days b. 180 days c. 270 days d. 360 days

Jimmy Ryce Act Answer b. 180 days See F.S. 394.913(c)

Jimmy Ryce Act How many days before the anticipated release of a person being held in the custody of a county/municipal jail must the jail give written notice to the MDT and the State Attorney that the SVP is to be released? a. 30 days b. 90 days c. 120 days d. 180 days

Jimmy Ryce Act Answer d. 180 days See F.S. 394.913(d)

Jimmy Ryce Act The Multidisciplinary Team is comprised of at least these two people: __________________ and __________________.

Jimmy Ryce Act Answer: Two Psychologists Two Psychiatrists Or One of each See F.S. 394.913(3)(b)

Jimmy Ryce Act How many days before the scheduled release of the SVP shall the MDT complete all evaluations and release its written assessment to the State Attorney?

Jimmy Ryce Act At least one (1) month before release from DOC, DJJ or DCF and at least 24 hours before release from county/municipal jail. See F.S. 394.913(3)(g)

Jimmy Ryce Act True or False? When the MDT evaluates whether the person is a SVP, they are able to consider more favorably to the person the fact that the violent offense was only an attempt, solicitation, or conspiracy, rather than the actual violent offense itself.

Jimmy Ryce Act Answer: FALSE See F.S. 394.913(4) must give equal consideration

Jimmy Ryce Act True or False Failure to comply with F.S. 394.913 and 394.9135 regarding the timely transfer of a person from total confinement to the civil commitment facility is jurisdictional and the State Attorney loses the ability to proceed under the Jimmy Ryce Act.

Jimmy Ryce Act Answer: FALSE See F.S. 394.913(5) and 394.9135(4) These sections were in response to State v. Phillips, 119 So.3d 1233 (Fla. 2013)

Jimmy Ryce Act The person who is the subject of a Petition for Involuntary Civil Commitment is delivered to the custody of what agency after their criminal sentence concludes?

Jimmy Ryce Act Answer: The Department of Children and Families See F.S. 394.912(3)

Jimmy Ryce Act Within how many days after service of the summons (which is issued after the court finds probable cause) must the court hold a status hearing? a. 1 day b. 3 days c. 5 days d. 7 days

Jimmy Ryce Act Answer: c. 5 days See Fla. R. Civ. P.-S.V.P. 4.240(a)

Jimmy Ryce Act Within how many days of a finding of Probable Cause must the trial on the Petition for ICCSVP take place? a. 10 days b. 30 days c. 45 days d. 90 days

Jimmy Ryce Act Answer: b. 30 days See F.S. 394.916(1)