The Florida Senate

916.17  Conditional release.--

(1)  The committing court may order a conditional release of any defendant who has been committed according to a finding of incompetency to stand trial or an adjudication of not guilty by reason of insanity, based on an approved plan for providing appropriate outpatient care and treatment. At such time as the administrator shall determine outpatient treatment of the defendant to be appropriate, she or he may file with the court, with copies to all parties, a written plan for outpatient treatment, including recommendations from qualified professionals. Such a plan may be submitted by the defendant. The plan shall include:

(a)  Special provisions for residential care or adequate supervision of the defendant.

(b)  Provisions for outpatient mental health services.

(c)  If appropriate, recommendations for auxiliary services such as vocational training, educational services, or special medical care.

In its order of conditional release, the court shall specify the conditions of release based upon the release plan and shall direct the appropriate agencies or persons to submit periodic reports to the court regarding the defendant's compliance with the conditions of the release and progress in treatment, with copies to all parties.

(2)  If at any time it appears that the defendant has failed to comply with the conditions of release, that the defendant's condition has deteriorated to the point that inpatient care is required, or that the release conditions should be modified, the court shall hold a hearing within 7 days and may modify the release conditions or order that the defendant be returned to the department for further treatment.

(3)  If at any time it is determined after a hearing that the defendant no longer requires court-supervised followup care, the court shall terminate its jurisdiction in the cause and discharge the defendant.

History.--s. 1, ch. 80-75; s. 37, ch. 85-167; s. 1534, ch. 97-102.