Florida Statutes 394.919 – Authorized petition for release; procedure
Current as of: 2023 | Check for updates
|
Other versions
Terms Used In Florida Statutes 394.919
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Likely to engage in acts of sexual violence: means the person's propensity to commit acts of sexual violence is of such a degree as to pose a menace to the health and safety of others. 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
- Secretary: means the secretary of the Department of Children and Families. See Florida Statutes 394.912
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(1) If the secretary 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 petition shall be served upon the court and the state attorney. The court, upon receipt of such a petition, shall order a trial before the court within 30 days, unless continued for good cause.
(2) The state attorney shall represent the state, and has the right to have the person examined by professionals of the state attorney’s choice. 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.