Frequently Asked Questions for Mental Health Administrator's Office
- QWhat services does the Mental Health Administrator's Office provide?
- A
- Consultation with the judiciary regarding:
- 1) Effective procedures for expediting mentally ill defendants through the judicial system
- 2) Recommendations for treatment programs and placement facilities (including involuntary hospitalization) based upon expert witness evaluations and an understanding of each defendant's specific needs
- 3) The availability of community resources
- Coordination of mental health assessment and treatment services:
- 1) Coordinates psychiatric and psychological evaluations by private and public mental health experts in response to court orders
- 2) Processes involuntary commitment of defendants
- 3) Maintains a list of qualified mental health experts
- 4) Arranges for transportation of forensic defendants between the jail and hospitals
- 5) Acts as liaison with the Department of Children and Families, which manages hospital placements
- 6) Coordinates residential and treatment placements of defendants in the community
- Monitoring services:
- 1) Monitors defendants released to the community who have been
- a) acquitted by reason of insanity
- b) found incompetent to proceed
- 2) Tracks and expedites the return to Court of defendants who
- a) no longer need involuntary hospitalization
- b) are released from supervision and are no longer deemed incompetent
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- QWhat are the address, phone number and hours of operation?
- A
- 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.
- QFor what reasons are defendants court-ordered for an evaluation?
- AThe primary reasons for court-ordered evaluations are issues regarding:
- 1) Incompetency to proceed
- 2) Insanity at the time the alleged offense was committed
- 3) Need for involuntary hospitalization
- 4) Other unresolved mental health matters
- QWhat does "incompetent to proceed" and "not guilty by reason of insanity" mean in criminal court cases?
- A
- 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:
- 1) understand the charges/allegations against them
- 2) comprehend the possible penalties
- 3) understand the adversary nature of the legal process
- 4) have the ability to disclose to an attorney pertinent facts that would aid in their defense
- 5) exhibit appropriate courtroom behavior
- 6) 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
- QHow long does it take for the judge to receive the results of an evaluation?
- A
- 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.
- QWho conducts the evaluations?
- A
- 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.
- QWho do I contact for further information about the Mental Health Administrator's Office?
- A
- You may contact Patricia Grau or Esther Jimenez at (305) 548-5595.
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- QWho do I call if I am a person with a disability who needs assistance to participate in a court proceeding, program or service?
- A
- Please contact ADA Coordinator, at:
- Voice Mail: (305) 349-7175
- TDD: (305) 349-7174
- Fax No: (305) 349-7355
- Email: ADA@jud11.flcourts.org