Mental Health Administrator's Office

When faced with challenges surrounding mentally ill criminal court defendants, the judges of the Eleventh Judicial Circuit call upon the Mental Health Administrator's Office for consultation, coordination of evaluations and treatment, and monitoring services. Mental health professionals and staff work closely with the judiciary, the Department of Children and Families, treatment and placement providers, and defendants toward achieving the following goals:

• Assisting the judiciary in effectively expediting mentally ill defendants through the court system;
• Balancing the rights of mentally ill defendants with the needs of the Court by coordinating services which provide for the least restrictive, most appropriate and most workable disposition of each case.

The Office is responsible for a number of judicial support functions, with major focus on "incompetency to proceed" and "not guilty by reason of insanity" cases.

Frequently Asked Questions
Mental Health Administrator's Office

What services does the Mental Health Administrator's Office provide?

Consultation with the judiciary regarding:

• Effective procedures for expediting mentally ill defendants through the judicial system
• Recommendations for treatment programs and placement facilities (including involuntary hospitalization) based upon expert witness evaluations and an understanding of each defendant's specific needs
• The availability of community resources

Coordination of mental health assessment and treatment services:

• Coordinates psychiatric and psychological evaluations by private and public mental health experts in response to court orders
• Processes involuntary commitment of defendants
• Maintains a list of qualified mental health experts
• Arranges for transportation of forensic defendants between the jail and hospitals
• Acts as liaison with the Department of Children and Families, which manages hospital placements

Monitoring services:

• Monitors defendants released to the community who have been
  • acquitted by reason of insanity
  • found incompetent to proceed
• Tracks and expedites the return to Court of defendants who
  • no longer need involuntary hospitalization
  • are released from supervision and are no longer deemed incompetent

What are the address, phone number and hours of operation?

Mental Health Administrator's Office
1351 N.W. 12th Avenue, Room 7300
Miami, FL 33125
(305) 548-5595

Office hours are from 7:30 AM until 5 PM, Monday through Friday, excluding court holidays.

For what reasons are defendants court-ordered for an evaluation?

The primary reasons for court-ordered evaluations are issues regarding:

• Incompetency to proceed
• Insanity at the time the alleged offense was committed
• Other unresolved mental health matters

What does "incompetent to proceed" and "not guilty by reason of insanity" mean in criminal court cases?

In criminal court, competency refers to defendants' ability to proceed in various stages of a case. By law, defendants are found incompetent to proceed if they do not:

• understand the charges/allegations against them
• comprehend the possible penalties
• understand the adversary nature of the legal process
• have the ability to disclose to an attorney pertinent facts that would aid in their defense
• exhibit appropriate courtroom behavior
• have the ability to testify relevantly

When defendants are found incompetent to proceed, criminal court proceedings are halted. If competency is restored, defendants return to court and criminal case proceedings resume.

Not guilty by reason of insanity excludes a defendant from criminal responsibility based on his/her mental state at the time of the alleged crime. It is not a general incapacity or mental illness, but a mental deficiency that impaired a defendant's ability to understand the wrongfulness of the conduct and/or the consequences of his or her actions.

Please refer to the following references for specific information on Florida laws which govern criminal court proceedings involving mentally insufficient and mentally ill defendants:

Florida Statutes, Chapter 916
Rules of Criminal Procedure, Rules 3.210 - 3.219

How long does it take for the judge to receive the results of an evaluation?

One responsibility of the Mental Health Administrator's Office is to ensure that judges receive evaluation reports in a timely manner. If a judge orders an expedited evaluation, it should be completed within 48 hours. If a full evaluation is requested, it should be completed within 7 to 10 days from the court order.

Who conducts the evaluations?

By Florida law, each of the State's 20 judicial circuits are required to maintain a list of "disinterested qualified experts" for evaluation and/or testimony purposes. Evaluations in Miami-Dade County are conducted by psychiatrists and psychologists who are either in private practice or who practice at Jackson Memorial Hospital under a special working agreement with the Court.

Who do I contact for further information about the Mental Health Administrator's Office?

You may contact the Director, Ms. Bertha Borge at (305) 548-5595.

Who do I call if I am a person with a disability who needs assistance to participate in a court proceeding, program or service?

Please contact ADA Coordinator, at: