IN RE RULE 3.460, FLORIDA RULES OF CRIMINAL PROCEDURE

Fla. | 1974-01-16
No. 44861
CARLTON, C. J., and ROBERTS, ERVIN, ADKINS, BOYD, McCAIN and DEKLE, JJ., concur.
287 So. 2d 678 Florida Supreme Court (1974) Positive Treatment
Cited by 4 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Rule 3.460, Florida 'Rules of Criminal Procedure, 33 F.S.A., is amended so that the same shall read as follows:

RULE 3.460. ACQUITTAL FOR CAUSE OF INSANITY.

When a person tried for an offense shall be acquitted by the jury for the cause of insanity, the jury, in giving their verdict of not guilty, shall state that it was given for such cause. If the discharge or going at large of such ifi-sane person shall be considered by the court manifestly dangerous to the peace and safety of the people, the court shall order him to be committed to jail or otherwise to be cared for as an insane person and such person shall be held in custody until released by order of the committing court, pr may give him into the care of his friends, on their giving satisfactory security for the proper care and protection of such person; otherwise he shall be discharged.

In all other respects the Florida Rules of Criminal Procedure are ratified and confirmed.

This Rule shall become effective immediately.

It is so ordered.

CARLTON, C. J., and ROBERTS, ERVIN, ADKINS, BOYD, McCAIN and DEKLE, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


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  • Hill v. State, 358 So. 2d 190 (Fla. 1st DCA 1978)
    …94.467(5) in Florida Statutes (1975). . Rule 3.460 was amended in 1974, before Powell was decided, to make explicit that “such person shall be held in custody until released by order of the committing court.” In re Rule 3.460, Fla.Rules of Crim.P., 287 So. 2d 678 (Fla.1974). . Chapter 75-305, Section 1, Laws of Florida, added Section 394.467(4)(h)(1), codified as Section 394.467(5)(a), Florida Statutes (1975), providing: ía) In the case of any patient who has been committed to a mental hospital pursuant to…
  • Powell v. Genung, 306 So. 2d 113 (Fla. 1974)
    …ioner may not be discharged without further order thereof since (1) Rule 3.460, as amended, so provides and (2) the Baker Act applies only to civil and not criminal proceedings. I disagree. Rule 3.460, as amended and effective January 16, 1974 (see 287 So. 2d 678), provides : “When a person tried for an offense shall be acquitted by the jury for the cause of insanity, the jury, in giving their verdict of not guilty, shall state that it was given for such cause. If the discharge or going at large of such ins…

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