reglab/housing_qa huggingface dataset:
FL Stat § 394.9155 (2021)
2021 Florida Statutes|Title XXIX - Public Health|Chapter 394 - Mental Health|Part V - Involuntary Civil Commitment of Sexually Violent Predators (Ss. 394.910-394.932)|394.9155 - Rules of procedure and evidence.

394.9155 Rules of procedure and evidence.—In all civil commitment proceedings for sexually violent predators under this part, the following shall apply:(1) The Florida Rules of Civil Procedure apply unless otherwise specified in this part.(2) The Florida Rules of Evidence apply unless otherwise specified in this part.(3) The psychotherapist-patient privilege under s. 90.503 does not exist or apply for communications relevant to an issue in proceedings to involuntarily commit a person under this part.(4) The court may consider evidence of prior behavior by a person who is subject to proceedings under this part if such evidence is relevant to proving that the person is a sexually violent predator.(5) Hearsay evidence, including reports of a member of the multidisciplinary team or reports produced on behalf of the multidisciplinary team, is admissible in proceedings under this part unless the court finds that such evidence is not reliable. In a trial, however, hearsay evidence may not be used as the sole basis for committing a person under this part.(6) Rules adopted under s. 394.930 shall not constitute:(a) An evidentiary predicate for the admission of any physical evidence or testimony;(b) A basis for excluding or otherwise limiting the presentation of any physical evidence or testimony in judicial proceedings under this part; or(c) Elements of the cause of action that the state needs to allege or prove in judicial proceedings under this part.(7) If the person who is subject to proceedings under this part refuses to be interviewed by or fully cooperate with members of the multidisciplinary team or any state mental health expert, the court may, in its discretion:(a) Order the person to allow members of the multidisciplinary team and any state mental health experts to review all mental health reports, tests, and evaluations by the person’s mental health expert or experts; or(b) Prohibit the person’s mental health experts from testifying concerning mental health tests, evaluations, or examinations of the person.The failure of any party to comply with such rules shall not constitute a defense in any judicial proceedings under this part.History.—s. 10, ch. 99-222.
FL Stat § 394.916 (2021)
2021 Florida Statutes|Title XXIX - Public Health|Chapter 394 - Mental Health|Part V - Involuntary Civil Commitment of Sexually Violent Predators (Ss. 394.910-394.932)|394.916 - Trial; counsel and experts; indigent persons; jury.

394.916 Trial; counsel and experts; indigent persons; jury.—(1) Within 30 days after the determination of probable cause, the court shall conduct a trial to determine whether the person is a sexually violent predator.(2) The trial may be continued once upon the request of either party for not more than 120 days upon a showing of good cause, or by the court on its own motion in the interests of justice, when the person will not be substantially prejudiced. No additional continuances may be granted unless the court finds that a manifest injustice would otherwise occur.(3) At all adversarial proceedings under this act, the person subject to this act is entitled to the assistance of counsel, and, if the person is indigent, the court shall appoint the public defender or, if a conflict exists, other counsel to assist the person.(4) If the person is subjected to a mental health examination under this part, the person also may retain experts or mental health professionals to perform an examination. If the person wishes to be examined by a professional of the person’s own choice, the examiner must be provided reasonable access to the person, as well as to all relevant medical and mental health records and reports. In the case of a person who is indigent, the court, upon the person’s request, shall determine whether such an examination is necessary. If the court determines that an examination is necessary, the court shall appoint a mental health professional and determine the reasonable compensation for the professional’s services, which shall be paid by the state.(5) The person or the state attorney has the right to demand that the trial be before a jury of six members. A demand for a jury trial must be filed, in writing, at least 5 days before the trial. If no demand is made, the trial shall be to the court.History.—s. 8, ch. 98-64; s. 11, ch. 99-222; s. 1, ch. 2006-33.Note.—Former s. 916.36.
FL Stat § 394.917 (2021)
2021 Florida Statutes|Title XXIX - Public Health|Chapter 394 - Mental Health|Part V - Involuntary Civil Commitment of Sexually Violent Predators (Ss. 394.910-394.932)|394.917 - Determination; commitment procedure; mistrials; housing; counsel and costs in indigent appellate cases.

394.917 Determination; commitment procedure; mistrials; housing; counsel and costs in indigent appellate cases.—(1) The court or jury shall determine by clear and convincing evidence whether the person is a sexually violent predator. If the determination is made by a jury, the verdict must be unanimous. If the jury is unable to reach a unanimous verdict, the court must declare a mistrial and poll the jury. If a majority of the jury would find the person is a sexually violent predator, the state attorney may refile the petition and proceed according to the provisions of this part. Any retrial must occur within 90 days after the previous trial, unless the subsequent proceeding is continued in accordance with s. 394.916(2). The determination that a person is a sexually violent predator may be appealed.(2) If the court or jury determines that the person is a sexually violent predator, upon the expiration of the incarcerative portion of all criminal sentences and disposition of any detainers, the person shall be committed to the custody of the Department of Children and Families for control, care, treatment, and rehabilitation of criminal offenders, until such time as the person’s mental abnormality or personality disorder has so changed that it is safe for the person to be at large. At all times, persons who are detained or committed under this part shall be kept in a secure facility segregated from patients of the department who are not detained or committed under this part.(3) The public defender of the circuit in which a person was determined to be a sexually violent predator shall be appointed to represent the person on appeal. That public defender may request the public defender who handles criminal appeals for the circuit to represent the person on appeal in the manner provided in s. 27.51(4). If the public defender is unable to represent the person on appeal due to a conflict, the court shall appoint other counsel, who shall be compensated at a rate not less than that provided for appointed counsel in criminal cases. Filing fees for indigent appeals under this act are waived. Costs and fees related to such appeals, including the amounts paid for records, transcripts, and compensation of appointed counsel, shall be authorized by the trial court and paid from state funds that are appropriated for such purposes.History.—s. 9, ch. 98-64; s. 12, ch. 99-222; s. 2, ch. 2002-59; s. 43, ch. 2004-5; s. 3, ch. 2012-79; s. 105, ch. 2014-19; s. 3, ch. 2019-134; s. 14, ch. 2019-167.Note.—Former s. 916.37.
FL Stat § 394.918 (2021)
2021 Florida Statutes|Title XXIX - Public Health|Chapter 394 - Mental Health|Part V - Involuntary Civil Commitment of Sexually Violent Predators (Ss. 394.910-394.932)|394.918 - Examinations; notice; court hearings for release of committed persons; burden of proof.

394.918 Examinations; notice; court hearings for release of committed persons; burden of proof.—(1) A person committed under this part shall have an examination of his or her mental condition once every year or more frequently at the court’s discretion. The person may retain or, if the person is indigent and so requests, the court may appoint, a qualified professional to examine the person. Such a professional shall have access to all records concerning the person. The results of the examination shall be provided to the court that committed the person under this part. Upon receipt of the report, the court shall conduct a review of the person’s status.(2) The department shall provide the person with annual written notice of the person’s right to petition the court for release over the objection of the director of the facility where the person is housed. The notice must contain a waiver of rights. The director of the facility shall forward the notice and waiver form to the court.(3) The court shall hold a limited hearing to determine whether there is probable cause to believe that the person’s condition has so changed that it is safe for the person to be at large and that the person will not engage in acts of sexual violence if discharged. The person has the right to be represented by counsel at the probable cause hearing and the right to be present. Both the petitioner and the respondent may present evidence that the court may weigh and consider. If the court determines that there is probable cause to believe it is safe to release the person, the court shall set a trial before the court on the issue.(4) At the trial before the court, the person is entitled to be present and is entitled to the benefit of all constitutional protections afforded the person at the initial trial, except for the right to a jury. The state attorney shall represent the state and has the right to have the person examined by professionals chosen by the state. At the hearing, 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.History.—s. 10, ch. 98-64; s. 13, ch. 99-222; s. 6, ch. 2014-2.Note.—Former s. 916.38.
FL Stat § 394.919 (2021)
2021 Florida Statutes|Title XXIX - Public Health|Chapter 394 - Mental Health|Part V - Involuntary Civil Commitment of Sexually Violent Predators (Ss. 394.910-394.932)|394.919 - Authorized petition for release; procedure.

394.919 Authorized petition for release; procedure.—(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.History.—s. 11, ch. 98-64; s. 14, ch. 99-222.Note.—Former s. 916.39.
FL Stat § 394.920 (2021)
2021 Florida Statutes|Title XXIX - Public Health|Chapter 394 - Mental Health|Part V - Involuntary Civil Commitment of Sexually Violent Predators (Ss. 394.910-394.932)|394.920 - Petition for release.

394.920 Petition for release.—A person is not prohibited from filing a petition for discharge at any time after commitment under this part. However, if the person has previously filed such a petition without the approval of the secretary or the secretary’s designee and the court determined that the petition was without merit, a subsequent petition shall be denied unless the petition contains facts upon which a court could find that the person’s condition has so changed that a probable cause hearing is warranted.History.—s. 12, ch. 98-64; s. 15, ch. 99-222.Note.—Former s. 916.40.
FL Stat § 394.921 (2021)
2021 Florida Statutes|Title XXIX - Public Health|Chapter 394 - Mental Health|Part V - Involuntary Civil Commitment of Sexually Violent Predators (Ss. 394.910-394.932)|394.921 - Release of records to agencies, multidisciplinary teams, and state attorney.

394.921 Release of records to agencies, multidisciplinary teams, and state attorney.—(1) In order to protect the public, relevant information and records that are otherwise confidential or privileged shall be released to the agency with jurisdiction, to a multidisciplinary team, or to the state attorney for the purpose of meeting the notice requirements of this part and determining whether a person is or continues to be a sexually violent predator. A person, agency, or entity receiving information under this section which is confidential and exempt from the provisions of s. 119.07(1) must maintain the confidentiality of that information. Such information does not lose its confidential status due to its release under this section.(2) Psychological or psychiatric reports, drug and alcohol reports, treatment records, medical records, or victim impact statements that have been submitted to the court or admitted into evidence under this part shall be part of the record but shall be sealed and may be opened only pursuant to a court order.History.—s. 13, ch. 98-64; s. 16, ch. 99-222.Note.—Former s. 916.41.
FL Stat § 394.9215 (2021)
2021 Florida Statutes|Title XXIX - Public Health|Chapter 394 - Mental Health|Part V - Involuntary Civil Commitment of Sexually Violent Predators (Ss. 394.910-394.932)|394.9215 - Right to habeas corpus.

394.9215 Right to habeas corpus.—(1)(a) At any time after exhausting all administrative remedies, a person held in a secure facility under this part may file a petition for habeas corpus in the circuit court for the county in which the facility is located alleging that:1. The person’s conditions of confinement violate a statutory right under state law or a constitutional right under the State Constitution or the United States Constitution; or2. The facility in which the person is confined is not an appropriate secure facility, as that term is used in s. 394.915.(b) Upon filing a legally sufficient petition stating a prima facie case under paragraph (a), the court may direct the Department of Children and Families to file a response. If necessary, the court may conduct an evidentiary proceeding and issue an order to correct a violation of state or federal rights found to exist by the court. A final order entered under this section may be appealed to the district court of appeal. A nonfinal order may be appealed to the extent provided by the Florida Rules of Appellate Procedure. An appeal by the department shall stay the trial court’s order until disposition of the appeal.(2) Any claim referred to in subsection (1) may be asserted only as provided in this section. No claim referred to in subsection (1) shall be considered in commitment proceedings brought under this part. A person does not have a right to appointed counsel in any proceeding initiated under this section.(3) Relief granted on a petition filed under this section must be narrowly drawn and may not exceed that which is minimally necessary to correct, in the least intrusive manner possible, the violation of the state or federal rights of a particular petitioner. A court considering a petition under this section must give substantial weight to whether the granting of relief would adversely impact the operation of the detention and treatment facility or would adversely impact public safety.(4) The court may not enter an order releasing a person from secure detention unless the court expressly finds that no relief short of release will remedy the violation of state or federal rights which is found to have occurred.History.—s. 1, ch. 2002-36; s. 106, ch. 2014-19.
FL Stat § 394.9221 (2021)
2021 Florida Statutes|Title XXIX - Public Health|Chapter 394 - Mental Health|Part V - Involuntary Civil Commitment of Sexually Violent Predators (Ss. 394.910-394.932)|394.9221 - Certified security personnel.

394.9221 Certified security personnel.—The department or an entity contracting with the department to operate a secure facility under this part is considered an employing agency as that term is defined in s. 943.10 and is authorized to employ certified correctional officers as facility security personnel.History.—s. 3, ch. 2007-241.
FL Stat § 394.923 (2021)
2021 Florida Statutes|Title XXIX - Public Health|Chapter 394 - Mental Health|Part V - Involuntary Civil Commitment of Sexually Violent Predators (Ss. 394.910-394.932)|394.923 - Immunity from civil liability.

394.923 Immunity from civil liability.—The agency with jurisdiction and its officers and employees; the department and its officers and employees; members of the multidisciplinary team; the state attorney and the state attorney’s employees; the Department of Legal Affairs and its officers and employees; and those involved in the evaluation, care, and treatment of sexually violent persons committed under this part are immune from any civil liability for good faith conduct under this part.History.—s. 15, ch. 98-64; s. 18, ch. 99-222; s. 2, ch. 2002-36.Note.—Former s. 916.43.
FL Stat § 394.924 (2021)
2021 Florida Statutes|Title XXIX - Public Health|Chapter 394 - Mental Health|Part V - Involuntary Civil Commitment of Sexually Violent Predators (Ss. 394.910-394.932)|394.924 - Severability.

394.924 Severability.—If any section, subsection, or provision of this part is held to be unconstitutional or invalid by a court of competent jurisdiction, the remaining portions of this part shall be unaffected because the Legislature declares that the provisions of this part are severable from each other.History.—s. 16, ch. 98-64; s. 19, ch. 99-222.Note.—Former s. 916.44.
FL Stat § 394.925 (2021)
2021 Florida Statutes|Title XXIX - Public Health|Chapter 394 - Mental Health|Part V - Involuntary Civil Commitment of Sexually Violent Predators (Ss. 394.910-394.932)|394.925 - Applicability of act.

394.925 Applicability of act.—This part applies to all persons currently in custody who have been convicted of a sexually violent offense, as that term is defined in s. 394.912(9), as well as to all persons convicted of a sexually violent offense and sentenced to total confinement in the future.History.—s. 17, ch. 98-64; s. 20, ch. 99-222.Note.—Former s. 916.45.
FL Stat § 394.926 (2021)
2021 Florida Statutes|Title XXIX - Public Health|Chapter 394 - Mental Health|Part V - Involuntary Civil Commitment of Sexually Violent Predators (Ss. 394.910-394.932)|394.926 - Notice to victims and others of release of persons in the custody of the department.

394.926 Notice to victims and others of release of persons in the custody of the department.—(1) As soon as is practicable, the department shall give written notice of the release of a person in the custody of the department to any victim of the person who is alive and whose address is known to the department or, if the victim is deceased, to the victim’s family, if the family’s address is known to the department. Failure to notify is not a reason for postponement of release. This section does not create a cause of action against the state or an employee of the state acting within the scope of the employee’s employment as a result of the failure to notify pursuant to this part.(2) If a person in the custody of the department who has an active or pending term of probation, community control, parole, conditional release, or other court-ordered or postprison release supervision is released, the department must immediately notify the Department of Corrections’ Office of Community Corrections in Tallahassee. The Florida Commission on Offender Review must also be immediately notified of any releases of a person who has an active or pending term of parole, conditional release, or other postprison release supervision that is administered by the Florida Commission on Offender Review.(3) If a person in the custody of the department is released, the department must notify the Department of Law Enforcement and the sheriff of the county in which the person intends to reside, or if unknown, the sheriff of the county in which the person was last convicted.(4)(a) The department, in conjunction with the Department of Law Enforcement, shall enroll and maintain a sexually violent offender in the arrest notification program through the Florida Criminal Justice Network maintained by the Department of Law Enforcement upon such offender’s release from the department’s custody. Upon receiving an alert that a sexually violent offender has been arrested for a criminal offense subsequent to his or her release, the department must immediately notify the state attorney of the circuit in which the arrest occurred.(b) As used in this subsection, the term “sexually violent offender” means a person who has been committed to the department as a sexually violent predator or who has been in the department’s custody based upon a court finding of probable cause to believe the person is a sexually violent predator.History.—s. 18, ch. 98-64; s. 21, ch. 99-222; s. 7, ch. 2014-2; s. 10, ch. 2014-191.Note.—Former s. 916.46.
FL Stat § 394.9265 (2021)
2021 Florida Statutes|Title XXIX - Public Health|Chapter 394 - Mental Health|Part V - Involuntary Civil Commitment of Sexually Violent Predators (Ss. 394.910-394.932)|394.9265 - Introduction or removal of certain articles unlawful; penalty.

394.9265 Introduction or removal of certain articles unlawful; penalty.—(1) Except as authorized by law or as specifically authorized by the person in charge of a secure facility providing secure confinement and treatment under this part, it is unlawful to knowingly and intentionally bring into any facility providing secure confinement and treatment under this part, or to take or attempt to take or send therefrom, any of the following articles:(a) Any intoxicating beverage or beverage that causes or may cause an intoxicating effect;(b) Any controlled substance as defined in chapter 893; or(c) Any firearm or weapon.(2) A person who violates this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.History.—s. 4, ch. 2012-79.
FL Stat § 394.927 (2021)
2021 Florida Statutes|Title XXIX - Public Health|Chapter 394 - Mental Health|Part V - Involuntary Civil Commitment of Sexually Violent Predators (Ss. 394.910-394.932)|394.927 - Escape while in lawful custody; notice to victim; notice to the Department of Corrections and Florida Commission on Offender Review.

394.927 Escape while in lawful custody; notice to victim; notice to the Department of Corrections and Florida Commission on Offender Review.—(1) A person who is held in lawful custody pursuant to a judicial finding of probable cause under s. 394.915 or pursuant to a commitment as a sexually violent predator under s. 394.916 and who escapes or attempts to escape while in such custody commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.(2) If a person who is held in custody pursuant to a finding of probable cause or commitment as a sexually violent predator escapes while in custody, the department shall immediately notify the victim in accordance with s. 394.926. The state attorney that filed the petition for civil commitment of the escapee must also be immediately notified by the department. If the escapee has an active or pending term of probation, community control, parole, conditional release, or other court-ordered or postprison release supervision, the department shall also immediately notify the Department of Corrections’ Office of Community Corrections in Tallahassee. The Florida Commission on Offender Review shall also be immediately notified of an escape if the escapee has an active or pending term of parole, conditional release, or other postprison release supervision that is administered by the Florida Commission on Offender Review.History.—s. 19, ch. 98-64; s. 22, ch. 99-222; s. 11, ch. 2014-191.Note.—Former s. 916.47.