Jimmy Ryce Act
For someone to be civilly committed under the Ryce Act, a factfinder must determine by clear and convincing evidence that the respondent (1) has been convicted of an enumerated sexually violent offense; and (2) suffers from a mental abnormality or personality disorder that makes the person likely to engage in acts of sexual violence if not confined in a secure place for long-term control, care, and treatment. The Ryce Act does not require an additional, separate finding that the offender has serious difficulty controlling behavior, as a finding that the offender lacked the ability to control behavior was implicit in the statutory definitions of “sexually violent predator,” “sexually violent offense,” “mental abnormality,” and “likely to engage in acts of sexual violence” contained in the Ryce Act and reflected in the instructions to the jury.
The Jimmy Ryce Act applies to otherwise qualified defendants who are or were in lawful custody on or after January 1, 1999, the effective date of the Act, and the Act does not apply to people who are not in this category. Probation is not “custody” within the meaning of the Act. A defendant held in county jail on a violation of probation or community control charge before supervision is revoked is in lawful custody for purposes of the Act because such custody is authorized by section 948.06(1) and Fla. R. Crim. P. 3.790(b).
