Jimmy Ryce Trial

I attended the trial of Eric C. Henderson, a man who was brought before the court under Jimmy Ryce charges.

When I entered the courtroom I didn't really have any idea about what the trial was going to be about, but I was definitely surprised when the first thing I heard was related to the defendant masturbating. I was informed by the bailiff that we were in trial that involved Jimmy Ryce charges, which was a rare type of case and involved sexual offenses.

The Jimmy Ryce act was created as a result of Jimmy Ryce's murder. He was a nine year old child who was abducted,raped, and later killed in Homestead, Florida. The lawyers representing Mr. Henderson explained to me that the Jimmy Ryce Act allows for the Department of Children and Families to screen sexual offense inmates who are within a year from their release date. If DCF feels that there is any chance that they inmate might commit another offense, they can bring forward a Jimmy Ryce charge. If an inmate is found guilty under a Jimmy Ryce charge they can be retained in a treatment center indefinitely. Mr. Henderson's lawyers explained to me that the only three ways to get out of the treatment center is whether or not the state wants to make a deal, if the inmate gets really old or has cancer, and whether or not they are convinced that the treatment has worked and progression has been made.

I learned that there if a person was in fact innocent, there was a statute built in to the Jimmy Ryce Act the provides DCF immunity and could therefore not be held liable. I also learned that there are currently 700 inmates housed in the treatment center which is called the Florida Civil Commitment Center which is run by DCF as opposed to the Department of Corrections.

Mr. Henderson had served his time and his term had ended over a year and a half ago but he was moved to the treatment center and has been there ever since the end of his term, awaiting sentencing. The day we attended was the last day of the trial and the jury was ordered to convene again in the morning for closing arguments as well as deliberations. It would be up to the jury to decide whether or not to retain Mr. Henderson in the treatment center or if he his term was enough.

I feel that this law is almost unconstitutional because it is infringing on a citizens rights. The whole process involved in the Jimmy Ryce Act is subjective. DCF has the power to review all these inmates and decide whether or not they should be freed, even though a jury has already sentenced the individual to an amount of time that has been served. It seems unfair to punish someone for a crime they have already served time for, and the fact that the term in the treatment is indefinite seems really unreasonable. I feel that these kinds of crimes are especially horrible, however I also realize that we have a justice system that we have created to serve the purpose of proper punishment. If we are allowing DCF, which is not part of our justice system to have this kind of power, we are saying our justice system is inadequate and did not do its job.