Can An Individual Be Detained Indefinitely Based on a Probate Cause ?
In State v. Kinder, 830 So. 2d 832 (Fla. 2002), the Court acknowledged the consequences that delayed Involuntary Civil Commitment of Sexually Violent Predators Act, (also known as the Jimmy Ryce Act) trials could have on respondents who, by statute, are not entitled to pretrial release:
The Legislature did not intend the thirty-day time period explicitly set out in the statute to be merely a "suggested" practice, particularly when, as illustrated by this case, failure to comply with the time limit may mean a person can be detained for months or years on end without trial based on an ex parte proceeding.
This Court can think of no other context, civil or criminal, that would allow an individual to be detained indefinitely based on a probable cause determination where the individual had no right to appear.
Such a practice is directly contrary to fundamental principles of due process set out in our federal and state constitutions. 830 So. 2d at 833-34.