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CASES

By Jeffrey Ivashuk

Criminal law -- Sexually violent predators -- Civil commitment --Mandamus -- Petition by petitioner who is civilly committed under Jimmy Ryce Act to compel Department of Children and Families to conduct mental examination of petitioner and to provide him with written notice of his right to petition committing court for release, and to compel committing court to conduct limited probable cause hearing to determine whether there is probable cause to believe that condition has so changed that it is safe for him to be at large --Where it is alleged that Department has not conducted the required annual examination and furnished committing court its report, such a claim is properly addressed by motion filed with committing court --Conflict certified -- Where Department has satisfied its obligationto conduct examination, but committing court has neglected to conduct limited probable cause hearing, issue is properly raised by petition for writ of mandamus in appellate court  33 Fla...continue to full post

Full post as published by JAABlog on May 15, 2008 (boomark / email).