Supreme Court of Florida

In case brought under the Involuntary Civil Commitment of Sexually Violent Predators Act (aka Jimmy Ryce Act), sections 394.910-.931, the decision of the First District in Larimore v. State is quashed and the decision of the Second District in Gordon v. Regier, is approved where: 1) an individual must be in lawful custody when the State takes steps to initiate commitment proceedings pursuant to the Jimmy Ryce Act in order for the circuit court to have jurisdiction to adjudicate the commitment petition; 2) criminal-petitioner was not in legal custody when initial steps were taken to initiate civil commitment proceedings against him; therefore; and 3) the State's commitment petition is dismissed with prejudice and criminal-petitioner should be immediately released from any custody or commitment imposed as a result of the Jimmy Ryce Act proceedings.

Appellate Information

• Decided 01/29/2009
• Published 01/29/2009

Judges

• PARIENTE, J.

Court

• Supreme Court of Florida

Counsel

• For Appellant:
  
• Bill White, Public Defender, and Ward L. Metzger, Assistant Public Defender, Jacksonville, FL, for Petitioner.


• For Appellees:
  
• Bill McCollum, Attorney General, Robert R. Wheeler, Assistant Attorney General, Bureau Chief Criminal Appeals, and Charles Richey McCoy, Senior Assistant Attorney General, Tallahassee, FL, for Respondent.