FL- One-fifth of nation's sex offenders confined to psychiatric facilities are in Florida

9-11-2009 Florida:

Jimmy Ryce Act allows sex offenders to be civilly committed after prison terms are up

Nearly 20 percent of the approximately 3,600 sex offenders confined by a court to psychiatric facilities across the country are in Florida, according to information compiled by the Sun Sentinel.

Florida is one of 20 states with civil-commitment laws, whose intent is to rehabilitate so that offenders may rejoin society. Under the Jimmy Ryce Act -- named for a Miami-Dade boy raped and killed in 1995 -- Florida has been detaining "the worst of the worst," as these criminals are often referred to, since 1999.

When a prisoner who has committed sexually motivated crimes near the end of a prison term, the Department of Children & Families reviews the prisoner's files. If the agency thinks the person is at risk of re-offending after release, a team of mental health professionals performs an evaluation. That evaluation is reviewed by a team from DCF's Sexually Violent Predator Program, which makes a recommendation to the State Attorney's Office in the county of conviction.

It's left to a prosecutor's discretion whether to file a petition to commit a sex offender, who must then be tried by a civil jury.

If jurors decide the offender meets the criteria to be labeled a sexually violent predator, a judge orders indefinite civil commitment.

"If DCF tells me they recommend I file a petition, I generally do," said Kristin Kanner, Broward County's Jimmy Ryce prosecutor.

Broward has filed petitions against more than 100 men, while Palm Beach County has filed about 50, according to Barbara Burns, Kanner's Palm Beach County counterpart. Neither county has ever sought to commit a woman.

More than 35,000 cases have been reviewed since the Florida law's inception. About 10 percent of those were then evaluated and 4 percent recommended to a state attorney for civil commitment, according to DCF data. Just 1 percent are committed.

Though sex offenders are overwhelmingly male, according to experts, women also are perpetrators. In 10 years, 435 women have had their cases reviewed by the DCF, with just one of those ever being recommended for commitment, said Dr. Suzonne Kline, director of Florida's Sexually Violent Predator program. Judy K. Taylor of Ocala is the only woman in Florida who has ever has been civilly committed.

As more women are charged with sex crimes, that number could increase, Burns said.

"You don't get considered for Jimmy Ryce until the end of your prison sentence, and they haven't finished their sentences yet," she said.

Florida law requires the offender meet the criteria of a sexually violent predator, which can include teacher-student sex.

"Any act perpetrated on a child, even if through seduction over force, is considered sexually violent because the person doesn't have the knowledge, power or ability to consent," said Dr. Amy Swan, a Fort Lauderdale forensic psychologist who evaluates sex offenders.

Treating sex offenders, regardless of gender, involves learning things like victim empathy, anger management and relapse prevention, which teaches offenders to recognize triggers in high-risk situations.

Men in Florida are housed at a secure facility in Arcadia with a population of 666, as of this week. Taylor, 45, is held at a Miami psychiatric hospital. Treatment is voluntary, though the chances of getting discharged without participating are scarce. Progress is individual, but the four-phase program used by the Geo Group, the company hired to run the facilities, has an anticipated duration of six years, according to its literature. ..Source.. by Missy Diaz South Florida Sun Sentinel