Laserfiche WebLink
Mental Health Court. Any defendant committed to a forensic facility for competency <br />restoration or treatment for insanity may be transferred to the Mental Health Court upon <br />agreement of the assigned Judge, State Attorney and defense counsel. All reports <br />mandated by Fla. R. Crim. P. Rule 3.212 and Florida Statute §916.13 (and any <br />subsequent renumbering of the rule and statute) shall be filed with the trial/committing <br />court and a copy provided to the Mental Health Court. Upon transfer, the Mental Health <br />Court may consider violation of conditional release, requests for status, modification, <br />reprimands or other monitoring as may be appropriate, including review and monitoring <br />upon return from a forensic hospital. Upon determination of competency, the case shall <br />be immediately transferred back to the referring court. <br />B. Defendants Who Are Mentally III, Intellectually Disabled, or Autistic <br />Seeking Diversion <br />Any defendant who is charged with a criminal offense (other than driving or <br />boating under the influence) who is mentally ill, intellectually or developmentally <br />disabled, or autistic may be transferred to Mental Health Court if the defendant and <br />State Attorney agree to the transfer. The State Attorney shall seek input from the victim <br />when appropriate. The decision of the State Attorney's Office to disapprove a <br />defendant's admission into the Mental Health Court under this section may not be <br />challenged by any defendant, the Mental Health Court, or any other Court and does not <br />create a right of review in any court. <br />C. Defendants Obtaining a Downward Departure Sentence and/or <br />Probation <br />Any defendant, who is mentally ill, intellectually disabled, or autistic who is placed <br />on probation and/or who is granted a downward departure sentence in which <br />incarceration is not imposed may be transferred to Mental Health Court for monitoring or <br />as a condition of probation imposed by the court in lieu of or subsequent to <br />incarceration. <br />D. Defendants Released from Custody with Charges Pending <br />Any defendant who is charged with a criminal offense and who is mentally ill, <br />developmentally or intellectually disabled or autistic may be supervised by Mental <br />Health Court as a condition of bond, ROR, or pretrial supervision upon order of the <br />originating Court while awaiting disposition of case. Jurisdiction of the case will remain <br />with the originating Court, and Mental Health Court will provide services and supervision <br />to the defendant while the case is pending. Any new law violations, including positive <br />drug tests, shall be immediately reported to the originating Court and the State and may <br />include recommendations from the Mental Health Court team. <br />3. PROCEDURES PRIOR TO AND AFTER TRANSFER OF CASES <br />A. When defendants enter Mental Health Court under section 2A of this <br />order, the trial court shall proceed pursuant to Fla. R. Crim. P. Rule 3.212 and Florida <br />Statute §916.13 (and any subsequent renumbering of the rule and statute) prior to <br />transferring supervision to the Mental Health Court. All subsequent requirements of Fla. <br />R. Crim. P. Rule 3.212 and Florida Statute §916.13 (and any subsequent renumbering <br />of the rule and statute) shall be provided to the trial court with a copy to the Mental <br />Health Court. <br />B. Eligible defendants who desire to enter into Mental Health Court under <br />section 2B of this order and who are not incompetent or who do not qualify as not guilty <br />by reason of mental disability at the time of the offense must enter a plea to the pending <br />2 <br />7 <br />