November 24, 2020
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The Florida Statutes

The 2009 Florida Statutes

Chapter 941
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Section 941.38, Florida Statutes 2009

941.38  Extradition of persons alleged to be of unsound mind.--

(1)  A person alleged to be of unsound mind found in this state who has fled from another state in which at the time of flight, the person was under detention by law in a hospital or other institution for the mentally ill; or had been heretofore determined by legal proceedings to be mentally incompetent, the finding being unreversed and in full force and effect, and the control of his or her person having been acquired by a court of competent jurisdiction of the state from which he or she fled; or the person was subject to detention in such state, being then his or her legal domicile (personal service of process having been made) based on legal proceedings then pending to have the person declared mentally incompetent, shall on demand of the executive authority of the state from which the person fled be delivered up to be removed thereto.

(2)  For the purpose of this section:

(a)  A "mentally ill person" is one who has an impairment of the emotional processes, of the ability to exercise conscious control of one's actions, or of the ability to perceive reality or to understand, which impairment substantially interferes with a person's ability to meet the ordinary demands of living, regardless of etiology.

(b)  A "mentally incompetent person" is one who because of mental illness, mental retardation, senility, excessive use of drugs or alcohol, or other mental incapacity is incapable of either managing his or her property or caring for himself or herself or both.

History.--s. 2, ch. 29686, 1955; s. 6, ch. 88-33; s. 1620, ch. 97-102.

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