Spivey v. State

Richard Spivey was involuntarily committed under the Jimmy Ryce Act in 2006, after his release from prison on a charge of lewd and lascivious exhibition in the presence of a person under age sixteen. In 2008, Spivey petitioned for release pursuant to section 394.920, Florida Statutes, based on a doctor’s report concluding that “it is safe for [Spivey] to be at large and that he will not engage in acts of sexual violence if released.” Undergirding this opinion is the examiner’s conclusion that Spivey’s diagnosed behavior — exhibitionism — is not sexually violent conduct.

At the probable cause…