In some instances in which a criminal defendant suffering from a mental health condition is convicted of a sex crime, rather than sentencing the defendant to incarceration, the court will involuntarily commit the defendant. A defendant that is involuntarily committed is entitled to a yearly mental health evaluation, though, and if the court finds that a defendant should be released, the involuntary commitment will end. The grounds for ending an involuntary commitment were recently discussed in a Florida case in which an appellate court overturned the lower court ruling. If you suffer from a mental health condition and are charged with a sex crime, it is wise to consult a dedicated Tampa sex crime defense attorney to discuss whether you may be able to avoid a conviction.
Facts and Procedural History of the Case
It is reported that the defendant was charged with numerous counts of sexual battery and rape. Following a jury trial, the defendant was convicted and deemed a sexually violent predator. It was determined that the defendant was suffering from a mental health condition as well. Thus, he was involuntarily committed under the Florida Civil Commitment of Sexually Violent Predators Act (the Act). The defendant appealed his involuntary commitment, which was affirmed by the appellate court. Pursuant to the Act, the defendant underwent an annual review of his mental health in 2019.
Allegedly, at a limited probable cause hearing, the defendant’s expert testified that it was safe to release the defendant and that he was not likely to commit acts of sexual violence. At a subsequent non-jury trial, the State’s witness testified that she examined the defendant on numerous occasions and that his mental condition had changed, and he no longer posed a risk of sexual violence. The court nonetheless continued the defendant’s commitment, finding that his condition had not changed. Thus, the defendant appealed.