The Jimmy Ryce Act
WARNING: This law may apply any person/ prisoner who is serving time for any offense, who has a conviction for a prior sexually violent offense.
Jimmy Ryce Involuntary Civil Commitment for Sexually Violent Predators’ Treatment and Care Act, was enacted in 1998.
This law creates a “civil commitment” procedure for the long-term care and treatment of sexually violent predators. It is designed to a “small but extremely dangerous number of sexually violent predators…who do not have a mental disease or defect that renders them appropriate for involuntary treatment under the Baker Act…” Those who are not good candidates for treatment that would allow them to return safely to the communities. The act calls for inmates with sex offense histories to be reviewed by the Florida Department of Corrections, the Department of Children and Family Services (DCF), and state attorneys to determine the level of risk for re-offense. Upon release from incarceration, these inmates may be subject to civil proceedings and commitment to a secure facility for treatment.
The law establishes a procedure by which the state attorney can seek to have a sexually violent predator committed in a Children and Family Services facility until such time as the predator is no longer a threat to the public at large if released. The facts supporting such a classification and determination must be proven beyond a reasonable doubt at a trial that can, upon demand, be a six-person jury trial. Then, yearly review of a committed predator’s mental status is required and a subject may petition the court for a review of his or her status in order to seek release. Notification of the victim or victim’s
next-of-kin must be made whenever any committed sexually violent predator is to be released.
* This law can apply to people who are currently incarcerated on non-sex related offenses,
based upon a prior offense. *
Contact Christopher L. Rabby, P.A. at our Pensacola, Florida law firm to speak with us today.
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