916.3025 Jurisdiction of committing court. - Florida Statutes

916.3025 Jurisdiction of committing court.

   (1) The committing court shall retain jurisdiction in the case of any defendant found to be incompetent to proceed due to retardation or autism and ordered into a forensic facility designated by the agency for defendants who have mental retardation or autism. A defendant may not be released except by the order of the committing court. An administrative hearing examiner does not have jurisdiction to determine issues of continuing commitment or release of any defendant involuntarily committed pursuant to this chapter.

   (2) The committing court shall retain jurisdiction in the case of any defendant placed on conditional release pursuant to s. 916.304. Such defendant may not be released from the conditions of release except by order of the committing court.

   (3) The committing court shall consider a petition to involuntarily admit a defendant whose charges have been dismissed to residential services provided by the agency and, when applicable, to continue secure placement of such person as provided in s. 916.303. The committing court shall retain jurisdiction over such person so long as he or she remains in secure placement or is on conditional release as provided in s. 916.304. However, upon request, the court may transfer continuing jurisdiction to the court in the circuit where the defendant resides. The defendant may not be released from an order for secure placement except by order of the court.

History. s. 26, ch. 98-92; s. 20, ch. 2006-195.