SC03-166 – William Charles Hale v. State Of Florida

State: Florida

Docket No: sc03-166

Case Date: 12/23/2004

Plaintiff: SC03-166 – William Charles Hale

Defendant: State Of Florida

Preview:Supreme Court of Florida
____________ No. SC03-166 ____________

WILLIAM HALE, Petitioner, vs. STATE OF FLORIDA, Respondent. [December 23, 2004] CANTERO, J. In this case, which we have considered together with State v. White, No. SC022277 (Fla. Dec. 23, 2004), we decide whether the State presented sufficient evidence that the petitioner, William Hale, is a sexually violent predator under the Jimmy Ryce Act, sections 394.910-.931, Florida Statutes (1999), and whether the Act requires that the person whom the State seeks to commit be currently incarcerated for a sexually violent offense. As we explain below, we conclude that substantial competent evidence supports the jury's determination that Hale is a sexually violent predator, and that the Act does not require that Hale's current incarceration be for a sexually violent

offense. The Ryce Act provides for the involuntary civil commitment of persons found to be sexually violent predators. Before the State may impose civil commitment 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 facility for long-term control, care, and treatment. See

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