Spivey v. State

Richard Spivey [“Spivey”] appeals an order finding no probable cause to release him from his involuntary civil commitment under the Jimmy Ryce Act. We conclude that Spivey met his burden of proof at the section 394.918(3) limited probable cause hearing and reverse.

In 2006, Spivey was civilly committed under the Involuntary Civil Commitment of Sexually Violent Predators Act, formerly known as the Jimmy Ryce Act [“the Act”], sections 394.910-.932, Florida Statutes. The court found Spivey to be a sexually violent predator.

The Act requires annual mental examinations and annual review hearings for…