LARRY DONNELL THOMAS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Larry Donnell Thomas, acquitted by reason of insanity of attempted sexual battery, petitioned for conditional release from commitment. The trial court denied his petition, finding him manifestly dangerous to himself or others and rejecting the release plan as inadequate. The appellate court denied his petition for writ of certiorari, upholding the denial.
The court affirmed the denial of conditional release, holding that the proper test is whether the person is 'manifestly dangerous to himself or others' under Florida Statutes § 394.467 and § 916.15, not the 'likely-to-injure' standard from Hill v. State. The trial court's finding that Thomas met the dangerousness criterion was supported by evidence, and the inadequate release plan provided sufficient grounds for denial.
[1] Review of an order involving the conditional release program for individuals found not guilty by reason of insanity is properly brought by writ of certiorari.
[2] A plan for conditional release must adequately address supervised living arrangements, a system for monitoring aftercare, and a plan for self-support.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“The test laid down by Section 394.467, Florida Statutes (Supp.1982) and Section 916.15, Florida Statutes (1981), and now applicable to a person acquitted of criminal charges by a finding of not guilty by reason of insanity, is whether he is 'manifestly dangerous to himself or others.'”
Establishes the correct legal standard for release of insanity acquittees, superseding the prior 'likely-to-injure' test from Hill v. State
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Join FLexlaw to unlock all legal intelligenceThomas was found not guilty by reason of insanity of attempted sexual battery on July 28, 1981, and was committed for observation and treatment. On De…
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HERSEY, Judge.
Larry Donnell Thomas, charged with attempted sexual battery, was adjudged not guilty by reason of insanity on July 28, 1981 and was subsequently committed for observation and treatment. His most recent petition for release filed December 17, 1982 was denied by the trial court, occasioning these appellate proceedings. Although denominated an appeal, review by certiorari appears to be the more procedurally correct vehicle to bring up an order involving the conditional release program codified in Section 916.17, Florida Statutes (1981) and Rule 3.219 of the Florida Rules of Criminal Procedure. We treat appellant’s application accordingly and deny the petition for writ of certiorari.
The order complained of provides:
ORDERED AND ADJUDGED that the Defendant’s Motion for Conditional Release is hereby denied on the following basis:
1.The Department of Health & Rehabilitative Services has not complied with the statutory requirements regarding the preparation of an adequate plan for release as set forth in F.R.Cr.P. 3.219, F.S. 916.17, and in Thomas Hill v. State, 358 So. 2d 190, (1978); in that the plan did not adequately address the following:
a.A supervised living arrangement for Mr. Thomas.
b. A system for monitoring the aftercare and follow-up of Mr. Thomas.
c. A plan in which Mr. Thomas might have an appropriate means of self-support.
2.Relying on the reports of the experts, the Department of Health and Rehabilitative Services, and primarily the evaluation conducted by the TASC Program, this Court finds that Mr. Thomas lacks appropriate insight into his problems, and therefore still presents a danger to himself and to society; and it is therefore further
ORDERED AND ADJUDGED as follows:
1. The Defendant is hereby recommitted to the Department of Health and Rehabilitative Services.
2. The Court hereby retains jurisdiction over this case, and Mr. Thomas shall not be released from the hospital without the prior consent of this Court.
3. The findings of this Court at this hearing are without prejudice, in that the Department of Health and Rehabilitative Services may refile a subsequent Motion for Conditional Release upon their compliance with the items enumerated in this order. Petitioner contends that it has not been shown that if released he would be likely to injure himself or others and therefore he is entitled to an order of release. Reliance on the likely-to-injure standard analyzed in Hill v. State, 358 So. 2d 190 (Fla. 1st DCA 1978) is no longer justified. The test laid down by Section 394.467, Florida Statutes (Supp.1982) and Section 916.15, Florida Statutes (1981), and now applicable to a person acquitted of criminal charges by a finding of not guilty by reason of insanity, is whether he is “manifestly dangerous to himself or others.” The trial court found that Thomas met this criteria and that finding is supported by the evidence.
Noting that either the Department of Health and Rehabilitative Services or petitioner himself are at liberty to propose to the trial court a plan of conditional release meeting the legitimate concerns expressed in the order, we find no departure from the essential requirements of the law and decline to issue the writ.
CERTIORARI DENIED.
DOWNEY and BERANEK, JJ., concur.