STATE OF FLORIDA, APPELLANT,
v.
SCOTT E. MCFARLAND, APPELLEE
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Florida's petition to civilly commit a sexual offender under the Jimmy Ryce Act does not violate a plea agreement, as civil commitment is not punishment and thus does not implicate due process rights to specific performance of criminal plea terms.
Civil commitment of a sexually violent predator under the Jimmy Ryce Act is not continued punishment for a criminal offense and does not violate due process rights to specific performance of a plea agreement.
[1] Civil commitment of a sexually violent predator under the Jimmy Ryce Act is a remedial measure for care and treatment, not continued punishment, and therefore does not vi…
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Join FLexlaw to unlock all legal intelligenceMcFarland was facing release from prison, and the State filed a petition to civilly commit him as a violent sexual predator under the Jimmy Ryce Act.…
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HAWKES, J.
The State of Florida filed a petition to civilly commit Appellee, Scott E. McFarland (McFarland) as a violent sexual predator upon his release from prison. McFarland filed a motion for summary judgment alleging the relief the State sought in the petition violated the terms of his plea agreement. The trial court granted summary judgment in favor of McFarland. In so doing, the trial court erred.
Pursuant to sections 394.910-394.931, Florida Statutes (2000) (the Jimmy Ryce Act), a person who is declared a sexually violent predator may be committed to the Department of Children and Families for care, custody, and treatment. A sex offender’s involuntary civil commitment as a sexually violent predator under the Jimmy Ryce Act is not continued punishment for his criminal offense, and thus does not violate an offender’s due process right to specific performance of his plea agreement. See Murray v. Regier, 872 So. 2d 217 (Fla. 2002). Any bargain a defendant may strike in a plea agreement in a criminal case has no bearing , on a subsequent involuntary civil commitment for control, care, and treatment. See id; see also Sandillo v. State, 842 So. 2d 1018, 1019 (Fla. 5th DCA 2003); Krischer v. Faris, 838 So. 2d 600, 603 (Fla. 4th DCA 2003).
REVERSED.
WOLF, C.J., and BROWNING, J., concur.
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Citator
Cited By
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Brooks v. State, 969 So. 2d 238 (Fla. 2007)…suant to rule 3.850”); see also Sage v. State, 890 So. 2d 1277, 1277 n. 1 (Fla. 5th DCA 2005) (noting that the trial court treated Sage’s 3.800(a) motion seeking removal of his sexual predator status as a motion filed under 3.850); Nesbitt v. State, 884 So. 2d 957, 958 (Fla. 1st DCA 2004) ("Because the motion does not contain allegations which, if true, would establish his entitlement to relief pursuant to Florida Rule of Criminal Procedure 3.800(a), we treat the motion as one pursuant to rule 3.850.”).…
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State v. Contrillo, 890 So. 2d 1117 (Fla. 1st DCA 2003)…PER CURIAM. REVERSED. See State v. McFarland, 884 So. 2d 957 (Fla. 1st DCA 2003). WOLF, C.J., BROWNING, and HAWKES, JJ., concur.…
Authorities Cited
- Murray v. Regier, 872 So. 2d 217 (Fla. 2002)
- Krischer v. Faris, 838 So. 2d 600 (Fla. 4th DCA 2003)
- Sandillo v. State, 842 So. 2d 1018 (Fla. 5th DCA 2003)