Florida Statutes 394.9125 – State attorney; authority to refer a person for civil commitment
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(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
Terms Used In Florida Statutes 394.9125
- Arrest: Taking physical custody of a person by lawful authority.
- Convicted of a sexually violent offense: means a person who has been:(a) Adjudicated guilty of a sexually violent offense after a trial, guilty plea, or plea of nolo contendere;(b) Adjudicated not guilty by reason of insanity of a sexually violent offense; or(c) Adjudicated delinquent of a sexually violent offense after a trial, guilty plea, or plea of nolo contendere. See Florida Statutes 394.912
- Department: means the Department of Children and Families. See Florida Statutes 394.912
- Person: means an individual 18 years of age or older who is a potential or actual subject of proceedings under this part. See Florida Statutes 394.912
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
(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.