Frequently Asked Questions

Frequently Asked Questions

Frequently Asked Questions

Frequently Asked Questions

Individuals are placed on a waiting list and scheduled for admission to a forensic facility based on the date of receipt of the complete commitment package. Upon availability of appropriate space, the local sheriff's department will be notified and will be responsible for arranging transportation to the facility.

Individuals are generally admitted to the facility with available space at the time. When possible, individuals are admitted to the facility closest to the committing court and/or family. The Florida Department of Children and Families operates or contracts for the operation of the following forensic facilities:

  • Florida State Hospital - Forensic Service is a co-ed facility located in Chattahoochee, Florida (capacity to serve 469 individuals)
  • North Florida Evaluation & Treatment Center is an all male facility located in Gainesville, Florida (capacity to serve 193 individuals)
  • South Florida Evaluation & Treatment Center is a co-ed facility located in Florida City, Florida (capacity to serve 238 individuals)
  • Treasure Coast Forensic Treatment Center is an all male facility located in Indiantown, Florida (capacity to serve 208 individuals)

Length of stay in a treatment facility varies among individuals. It is dependent upon the individual's participation in therapeutic activities and his/her response to treatment.

Time required to restore competency varies among individuals. It is dependent upon the individual's participation in therapeutic activities and his/her response to treatment.

A civil facility is a mental health facility established within the Florida Department of Children and Families to serve individuals committed pursuant to Chapter 394, Florida Statutes – The Baker Act (opens in a new window) , and those defendants committed pursuant to Chapter 916, Florida Statutes – Forensic clients adjudicated incompetent to proceed or not guilty by reason of insanity (opens in a new window) , who do not require the security provided in a forensic facility.

A forensic facility is a separate and secure facility established within DCF to serve forensic clients. Forensic facilities are security-grade buildings and with the exception of Florida State Hospital, are located on grounds distinct in location from other facilities for persons with a mental illness.

Family visits are often therapeutic and are encouraged by an individual's recovery team. Visiting hours (opens in a new window) and visitation policies vary by facility. Contact your relative's treatment facility (opens in a new window) for information regarding visitation policies and recommendations for frequency of visits.

Forensic facilities admit individuals who are mentally ill and who have been committed to the Florida Department of Children and Families pursuant to Chapter 916, F.S., and:

  1. Who have been determined to need treatment for a mental illness;
  2. Who have been found incompetent to proceed on a felony offense or have been acquitted of a felony offense by reason of insanity;
  3. Who have been determined by DCF to:
    a. Be dangerous to themselves or others; or
    b. Present a clear and present potential to escape; and
  4. Who are adults or juveniles prosecuted as adults;

Learn about the AFMH Referral Process (opens in a new window) .

A commitment/admission packet must include:

  1. Commitment Order (opens in a new window)
  2. Copies of all psychiatric/psychological evaluations ordered by the court
  3. Charging instrument and all supporting affidavits or other documents used in the determination of probable cause

A CSU is a crisis stabilization unit or receiving facility. They are private or public facilities that provide emergency treatment and evaluations for involuntary commitment under Chapter 394, Florida Statutes – Baker Act (opens in a new window) . Individuals found to meet the criteria for involuntary commitment under the Baker Act are admitted to one of the state's civil hospitals. Forensic facilities serve individuals that have been committed for treatment under Chapter 916, Florida Statutes (opens in a new window) .

Chapter 916.145, Florida Statutes (opens in a new window) , states: "The charges against any defendant adjudicated incompetent to proceed due to the defendant's mental illness shall be dismissed without prejudice to the state if the defendant remains incompetent to proceed five years after such determination, unless the court in its order specifies its reasons for believing that the defendant will become competent to proceed within the foreseeable future and specifies the time within which the defendant is expected to become competent to proceed. The charges against the defendant are dismissed without prejudice to the state to refile the charges should the defendant be declared competent to proceed in the future."

An acquittal of not guilty by reason of insanity (NGBRI) is an adjudication by the court. The individual remains NGBRI of the charge(s) indefinitely and cannot be retried on the same charge(s). However, the court may maintain jurisdiction and may commit the individual to the Department of Children and Families (DCF) for inpatient treatment or order treatment and supervision in the community under the terms of a conditional release.

  • If committed to DCF for inpatient treatment, the treating facility must file, a report with the court within six months of the individual's admission, prior to the end of any extended period of treatment or at any time the administrator or designee determines that the individual no longer meets the criteria for involuntary commitment.
  • Individuals placed on conditional release may remain under court supervision until such time that the court determines they no longer require court supervision.

Placement in the community is a treatment decision and should be made in consultation with the individual's service team, community case manager and the committing court. Family members are encouraged to be involved in their relative's treatment to the extent allowed by the individual and can provide input into decisions regarding placement and services received in the community.

All four forensic facilities offer equally excellent programs and services. Individuals are generally admitted to the facility with available space at the time. When possible, individuals are admitted to the facility closest to the committing court and/or family. Transfers between forensic facilities are allowed and can be initiated by written request to the facility administrator.

There are differences in the evaluation process and commitment criteria for individuals with a mental illness and individuals with an intellectual disability. See Part III of Chapter 916, Florida Statutes (opens in a new window) on the website for more information.