Florida Rules of Criminal Procedure
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3.217. Judgment of Not Guilty by Reason of Insanity: Disposition of Defendant
(a) Verdict of Not Guilty by Reason of Insanity.
When a person is found by the jury or the court not
guilty of the offense or is found not to be in violation of
probation or community control by reason of insanity,
the jury or judge, in giving the verdict or finding of not
guilty judgment, shall state that it was given for that
reason.
(b) Treatment, Commitment, or Discharge after
Acquittal. When a person is found not guilty of the
offense or is found not to be in violation of probation or
community control by reason of insanity,
if the court
then determines that the defendant presently meets the
criteria set forth by law, the court shall commit the
defendant to the Department of Children and Family
Services or shall order outpatient treatment
at any
other appropriate facility or service, or shall discharge
the defendant.
Any order committing
the defendant
or requiring outpatient
treatment
or other outpatient
service shall contain:
(1) findings of fact relating to the issue of commitment
or other court-ordered treatment;
(2) copies of any reports of experts filed with the
court; and
(3) any other psychiatric, psychological, or social
work report submitted to the court relative to the mental
state of the defendant.
Committee Notes
1980 Adoption.
(a) Same substance as in prior rule.
(b) The criteria for commitment are set forth in chapter 394,
Florida Statutes. This rule incorporates those statutory criteria by
reference and then restates the other alternatives available to the
judge under former rule 3.210.
See section 912.18, Florida Statutes, for criteria.
(1) This subdivision is equivalent to rule 3.212(b)(2); see
commentary to that rule.
1988 Amendment. The amendments to this rule provide for
evaluation
of a defendant found not guilty by reason of insanity in
violation of probation or community control proceedings as well
as at trial. The amendments further reflect 1985 amendments
to
chapter 916, Florida Statutes.
1992 Amendment. The purpose of the amendment is to gender
neutralize the wording of the rule.
Introductory Note Relating to Amendments to Rules 3.210 to
3.219. See notes following rule 3.210 for the text of this note.
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