The Mental Health Administrator’s Office assists judges in effectively expediting mentally ill/developmentally disabled defendants through the court system. By coordinating evaluations, treatments and monitoring these cases, this Office helps to balance the rights of mentally ill or mentally disabled defendants with the needs of the Court. This is achieved by working closely with Mental Health professionals, the Department of Children and Families and treatment and placement providers. This Office focuses primarily on incompetency to proceed and not guilty by reason of insanity cases and also provides judges with a variety of support functions.
|MENTAL HEALTH ADMINISTRATOR'S OFFICE
A TYPICAL CASE FLOW FOR A MENTALLY ILL DEFENDANT
The Defendant is arrested and brought to jail.
Jail personnel determine that the Defendant is in need of mental health treatment and transfer Defendant to the jail’s Mental Health Unit.
The Defendant’s attorney petitions the Court to have a Mental Health evaluation conducted on their client. The judge will order a minimum of two (2) evaluations.
MENTAL HEALTH ADMINISTRATOR’S OFFICE
The Office will coordinate the court-ordered evaluation, provide the court with the results of the evaluation and schedule a competency hearing if needed.
EVALUATION: INCOMPETENT NOT MEETING CRITERIA FOR INVOLUNTARY HOSPITALIZATION
If the Defendant is adjudicated incompetent to stand trial the court must then determine if they meet the criteria for involuntary hospitalization. If no finding is made, the court shall place the defendant on a Conditional Release Plan out in the community with conditions of treatment. The Mental Health Administrator's Office secures residential placement as well as out–patient mental health services for the defendants. The office monitors the defendant while in the community for compliance with court ordered treatment and provides periodic reports to the court.
EVALUATION: INCOMPETENT MEETING CRITERIA FOR INVOLUNTARY HOSPTIALIZATION
If the Defendant is adjudicated incompetent to stand trial and is found to meet the criteria for involuntary hospitalization, the court shall commit the defendant to the Department of Children and Families for competency restoration and stabilization. The hospital then addresses the mental health issues of the defendant with the ultimate goal being restoration of competence. Once ready for discharge, the office works with the hospital, DCF and the Department of Corrections to coordinate their return to court.
The State has five (5) years to restore the Defendant’s competency. The hospital addresses the mental health issues of the Defendant for the purpose of getting the Defendant well so that he/she will be able to go back to court for trial. The Mental Health Administrator’s Office communicates with the hospital and will arrange for transportation back to jail.
Mental Health Administrator's Office
1351 N.W. 12th Street, Room 7300
Miami, FL 33125
Office hours are from 7:30 AM until 5 PM, Monday through Friday, excluding court holidays.