A Ryce Act Trial Period Exceeding 30 Days Has Implications on a Respondent’s Detention Having Completed His Sentence

In Osborne v. State, 907 So. 2d 505, (Fla. May 12, 2005), the Supreme Court of Florida has held, "Where a respondent has completed his criminal sentence and is being detained awaiting a Ryce Act trial and the trial period has exceeded thirty days without a continuance for good cause, the respondent's remedy is release from detention and a dismissal without prejudice of the pending proceedings." Id. at S348.

Hence, the court have already recognized an instance where the State may be entitled to continue the proceedings, but the respondent may be entitled to his freedom where the State has not scrupulously complied with the Act's provisions.