What is the Jimmy Ryce Act?
The Jimmy Ryce Involuntary Civil Commitment for Sexually Violent Predators’ Treatment and Care Act is a law in Florida that allows sexually violent predators to be civilly committed even if they serve their full jail sentence. Simply referred to as the Jimmy Ryce Act, this process provides people who are likely to re-offend with long-term care and mental health counseling.
The experienced sex crime attorneys at The Umansky Law Firm are here to help you understand how this potentially controversial legislation works. Learn more about this program and why it is important.
What is the Purpose of the Jimmy Ryce Act?
Jimmy Ryce was a nine-year-old Florida child who was raped and killed by Juan Carlos Chavez in 1995. This heinous crime spearheaded the state into signing this protective legislation into law in 1998. Although some opponents of the Act believe it is unconstitutional, the state’s Supreme Court has consistently upheld the legislation, despite claims that it is cruel and unusual punishment.
The Jimmy Ryce Act calls for authorities to review the history of inmates with sex offense records prior to release. The goal is to determine if these individuals pose a high risk of re-offending. This policy is important to residents, because violent offenders may have a mental or personality disorder and could demonstrate a continued danger to society, even after they have completed their criminal sentence.
What is the Act’s Civil Commitment Process?
If an inmate is found to have a high risk of re-offending, that individual may be subject to involuntary civil commitment proceedings before being released from prison. A team of state officials from the Department of Corrections and the Department of Children and Families conducts a review of the inmate’s criminal history and treatment needs.
If the committee concludes that the person is a sexually violent predator that poses a public threat despite their incarceration, they would typically refer the case to the Florida State Attorney’s office for a commitment petition. Once that process is complete, the case would then move forward to trial.
The Trial Process
The State Attorney has a duty to prove that the individual has a mental abnormality or personality disorder and is likely to commit future sexual violence. If a jury agrees with the prosecutor, the inmate would be placed indefinitely in a secure facility for ongoing treatment. Sexually dangerous offenders are subject to annual risk assessments and because the term is unspecified, those individuals must prove they are no longer a danger to society before they can be released.
Call Our Attorneys if You Believe You May Be Affected by the Jimmy Ryce Act
Reach out to us today for more information about the Jimmy Ryce Act. The Umansky Law Firm is your team of criminal defense attorneys who are well-trained in effective courtroom advocacy and you want us on your side.
We are here to help ensure you are treated fairly under state law. We stand apart because our firm is dedicated to putting your priorities and best interests first. After all, a sex offense conviction could affect you for life.
