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charge(s) either prior to the transfer to Mental Health Court or at the first hearing <br />conducted by the Mental Health Court, unless otherwise agreed by the State and <br />Defense. The Trial Judge or the Mental Health Court Judge shall accept or reject the <br />plea pursuant to Florida Rules of Criminal Procedure. At the time of the plea, the judge <br />shall inform the defendant that if the defendant successfully completes the Mental <br />Health Court program, the defendant shall be allowed to withdraw the plea. After the <br />defendant withdraws the plea following the successful completion of the program, the <br />State Attorney and/or Mental Health Court judge shall dismiss the charges against the <br />defendant. Any transfer of a defendant to Mental Health Court, unless specifically <br />objected to by defense counsel, shall be deemed a waiver of the defendant's right to a <br />speedy trial and formal discovery. Post -plea transfers shall be deemed a waiver of the <br />right to be sentenced by the judge who accepts a plea of guilty or no contest to the <br />charge(s). <br />C. Cases transferred into Mental Health Court pursuant to section 2C of this <br />order shall proceed according to this section. The trial court may make successful <br />completion of mental health court the sole condition of probation, or may include <br />additional special terms of probation that will qualify as a violation, without the <br />concurrence of the Mental Health Court team, if committed by the defendant. Any <br />violation of the standard conditions of probation, a violation of any special condition of <br />probation or unsuccessful termination from Mental Health Court may be considered a <br />violation of probation. Upon initiation of a violation of probation, the case will be heard <br />by the trial judge in the trial division. Additionally, the defendant must continue to be <br />monitored by, attend and comply with all conditions of Mental Health Court <br />simultaneously with the trial court appearances and obligations until the violation of <br />probation is heard by the trial court and the VOP is otherwise disposed of. A defendant <br />who is sentenced for a violation of probation shall not be sentenced back into Mental <br />Health Court without prior approval of the Mental Health Court judge and State Attorney. <br />D. Prior to a defendant being accepted into the Mental Health Court, <br />appropriate waivers of confidentiality shall be obtained. <br />E. Defendants will attend regular court hearings as ordered by the Court, <br />participate in continued assessment and treatment and engage in discharge planning <br />and do such other things as directed by the mental health coordinator, team and/or <br />Court. <br />4. DISQUALIFICATION <br />A. If the Mental Health Court judge finds that the defendant either: is <br />subsequently determined not to be mentally ill, intellectually disabled, or autistic; <br />indicates the lack of desire to participate in Mental Health Court; or at any time <br />demands a trial or hearing on a motion to determine legal issues related to mental <br />health, then the defendant is no longer eligible for the Mental Health Court and shall be <br />transferred back to the referring court. <br />B. If the Court determines that the defendant is no longer sufficiently <br />participating in or benefiting from the Mental Health Court or that the defendant poses a <br />threat to public safety, the defendant is no longer eligible for the Mental Health Court <br />and shall be set for sentencing or other disposition. Regardless of whether the Mental <br />Health Court judge has accepted the defendant's plea, the case may be transferred <br />back to the referring court. <br />3 <br />8 <br />