IN THE MATTER OF THE USE BY THE TRIAL COURTS OF THE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES
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PER CURIAM.
This cause is before us upon the report of the Supreme Court Committee on Standard Jury Instructions in criminal cases which unanimously recommends a modification of Standard Jury Instruction (Criminal) 3.04(b), concerning the status of a defendant found not guilty because legally insane. We accept the proposed amendment and hereby amend instruction 3.04(b) as follows, to be effective immediately: If your verdict is that the defendant is not guilty because legally insane, that does not mean he will be released from custody. I can conduct additional proceedings to determine if he should be committed to a mental hospital, kept in jail or given other treatment.
The Bar is directed to notify all jury instruction subscribers of this amendment.
It is so ordered.
SUNDBERG, C.J., and ADKINS, BOYD, OVERTON, ALDERMAN, McDONALD and EHRLICH, JJ., concur.
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In re STANDARD JURY INSTRUCTIONS IN CRIM. CASES-REPORT 2016-01, 213 So. 3d 680 (Fla. 2017)…riate in the court’s discretion to give this instruction to avoid the -possibility of juror confusion. See Instruction 3.6(p~) for an instruction regarding abnormal mental conditions not constituting insanity. This instruction was adopted in 1981 [431 So. 2d 600], and was amended in 1986 [483 So. 2d 428], 1994 [636 So. 2d 502], and 2006 1939 So. 2d 1052], and 2017. 3.6(nl ABNORMAL MENTAL CONDITION *Give if applicable and if requested, and only if insanity is not an issue and if no notice of intent to rely…
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In re Standard Jury Instructions IN Crim. Cases (NO.2005-5), 939 So. 2d 1052 (Fla. 2006)…ine if the defendant should be committed to a mental hospital, or given other outpatient treatment or released. Comment If drugs or alcohol are involved, see Cirack v. State, 201 So. 2d 706 (Fla.1967). [*1055] This instruction was adopted in 1981 [431 So. 2d 600 ], and was amended in 1986 [483 So. 2d 428 ], and 1994 [636 So. 2d 502], and 2006. 3.6(b) INSANITY — HALLUCINATIONS Give only for offenses occurring before June 19, 2000. See section 775.027, Florida Statutes. An issue in this case is whether (de…
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In re Standard Jury Instructions IN Crim. Cases-Report NO. 2010-02, 44 So. 3d 565 (Fla. 2010)…d Jury Instructions in Criminal Cases (No.2005-5), 939 So. 2d 1052 (Fla.2006); Standard Jury Instructions in Criminal Cases (93-1), 636 So. 2d 502 (Fla.1994) (instruction previously numbered 3.04); In re Standard Jury Instructions in Criminal Cases, 431 So. 2d 600 (Fla.1982) (same). In those earlier cases, the Committee did not seek the amendment to the insanity instruction now at issue. Having considered the Committee’s report and comments, we hereby authorize the publication and use of the instructions as…