Louis Bianculli expected to be in and out of custody this week after he pleaded guilty to charges of sexual battery against a family member and video voyeurism against a woman who accused him of raping her in the 1990s.
The victims in both cases were minors.
But there’s a chance Bianculli, 78, won’t be a free man anytime soon: According to the Broward State Attorney’s Office, the former Fort Lauderdale pet shop owner is being evaluated for civil commitment under the Jimmy Ryce Act, a move the defense characterized as a way of depriving Bianculli of his freedom after he was promised he would not be going back to jail or prison.
“This whole process of negotiating a plea has been dishonest,” said Herbert Cohen, one of Bianculli’s lawyers. He vowed to have the plea withdrawn if the state tries to keep Bianculli in custody.
The Jimmy Ryce Involuntary Civil Commitment for Sexually Violent Predators’ Treatment and Care Act of 1998 is a Florida law that allows prosecutors to seek mandatory mental health treatment for sex offenders deemed likely to strike again. It’s a civil action, which means the standard of proof is not as high and more evidence can be admitted.
Incriminating recordings that were excluded from the criminal case, for example, are more likely to be admitted for the civil hearing, said Adriana Alcalde Padron, a former sex crimes prosecutor now representing the victim in the video voyeurism case.
Broward Circuit Judge Michael Usan told Bianculli on Thursday that he expected the defendant to get processed at the Broward jail and released in a day, but he also warned him that if he pleads guilty, involuntary civil commitment under the Jimmy Ryce Act is a possibility. Everyone who pleads guilty in Florida to any crime, whether it’s sexual or not, is warned about the Jimmy Ryce Act before they enter their plea.
Bianculli, who lives in Lighthouse Point, pleaded guilty anyway and was sentenced to 14 months in prison, time he had already served awaiting trial. Now he is at a treatment center in Arcadia in DeSoto County, where he will be evaluated within 72 hours and the Florida Department of Corrections will determine whether to seek involuntary civil commitment.
“I don’t think they are going to be able to withdraw the plea because he was warned and he knew this was a possibility,” said Alcalde. “I think this is precisely the kind of predator the Jimmy Ryce Act was meant to protect the public from.”
If the Department of Corrections seeks a civil commitment, the case will come back to Broward County, where it will be heard by a civil court judge. A motion to withdraw the guilty pleas would be heard in criminal court and, if denied, could end up before the Fourth District Court of Appeal.
Rafael Olmeda can be reached at rolmeda@sunsentinel.com or 954-356-4457. Follow him on Threads.net/@rafael.olmeda.