Department of Children and Families v. Williams
DCF sought certiorari to quash an order committing an NGI acquittee (Williams) back to DCF custody after his case manager sent an unsworn letter alleging noncompliance with conditional release. The Fifth DCA granted the petition, holding that the trial court departed from the essential requirements of law because section 916.17(2) requires a sworn affidavit or statement under oath before a court may hold a revocation hearing, and because there was no finding or evidence that Williams was 'manifestly dangerous' as required by section 916.15(2), especially given the court-appointed expert's contrary opinion.
Key facts
- DCF sought to recommit Williams, an NGI acquittee on conditional release, based on his case manager's unsworn letter alleging noncompliance with release conditions.
- The trial court held a revocation hearing and committed Williams back to DCF custody without a sworn affidavit and without finding he was manifestly dangerous, contrary to the appointed expert's opinion.
- +1 more key fact with a free trial
Why it matters
This opinion reinforces and applies the Fifth DCA's holding in Kirshner that strict compliance with section 916.17(2)'s sworn-affidavit requirement is a prerequisite to revoking an NGI acquittee's conditional release… — full analysis with a trial
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