Resources and Links

• Chapter 916, Florida Statutes (opens in a new window) | Chapter 394, Florida Statutes (opens in a new window)
• Florida Rules of Criminal Procedure (opens in a new window)
  Rules regarding competency begin on page 72.
• Forensic Client's Services Act Regulation (opens in a new window)
  Enter "65E-20" in the "Search By Rule Number" box and select "Go".
• Interstate Compact on Mental Health (opens in a new window)
• Involuntary Civil Commitment of Sexually Violent Predators (opens in a new window)

Model Court Orders and Motions

Commitment Criteria

• 916.13 – Involuntary Commitment of Defendant Adjudicated Incompetent (opens in a new window)
• 916.15 – Involuntary Commitment of Defendant Adjudicated Not Guilty by Reason of Insanity (opens in a new window)

Procedures for Returning an Individual to Court

Rule 3.212 (c) (6), Florida Rules of Criminal Procedure and Rule 3.218 (b), Florida Rules of Criminal Procedure, both direct the court to hold a hearing within 30 days of receipt of a facility administrator's report indicating an individual has been restored to competency or no longer meets the criteria for continued involuntary commitment.

General guidelines to follow when in receipt of such a report:

1. A hearing date should be set to occur within 30 days of receipt of the administrator's report.
2. An Order to Transport and Notice of Hearing (opens in a new window) should be issued and forwarded to the appropriate transporting authority. A copy of the order should be mailed or faxed to the treatment facility and the Forensic Admissions Coordinator (opens in a new window) .
3. Contact the treatment facility (opens in a new window) where the individual resides and notify them at least 24 hours prior to the scheduled pick-up date.
4. Pick up the individual at the treatment facility on the scheduled date and return them to the location indicated in the transport order.

The prompt return of competent and/or individuals no longer meeting commitment criteria benefits the whole system. The individuals are able to move forward with the disposition of their cases. This also creates vacancies at the treatment facilities which allows for the admission of other individuals waiting in county jails throughout Florida. The county jails are able to transfer individuals in need of mental health treatment to appropriate treatment facilities.

If you have questions about these procedures, contact the treatment facility or call Elaine in the Forensic Mental Health Program Office at (850) 717-4335.