IN THE CIRCUIT COURT, SIXTH JUDICIAL
CIRCUIT
IN AND FOR
AD
RE: AMENDED SELECTION AND
PAYMENT OF COURT APPOINTED EXPERTS
Chapter 2005-236, Laws of Florida, amends
various Florida Statutes concerning the appointment and funding of competency
experts and mental health professionals
Section 916.115, Florida Statutes, provides
for the appointment of experts to examine a defendant who may be incompetent to
proceed to trial. Rules of Criminal
Procedure 3.210 et seq. establish the procedure for the examination of a
defendant who is alleged to be incompetent to stand trial.
Section 916.301, Florida Statutes, provides
for the appointment of experts to examine a defendant who may be incompetent to
proceed to trial due to retardation or autism.
Section 921.137, Florida Statutes, and Rule
of Criminal Procedure 3.203 provide for the appointment of experts to examine a
death-sentenced prisoner, or a defendant charged with a capital felony and facing
a death sentence, who may be mentally retarded and therefore barred from
receiving a death sentence.
Section 985.223, Florida Statutes, provides
for the appointment of experts to examine a juvenile who may be incompetent to
proceed to trial. Rule of Juvenile
Procedure 8.095 establishes the procedure for examination of a juvenile who is
alleged to be incompetent to proceed.
Sections 394.4655 and 394.467(6), Florida
Statutes, provide for an independent examination of persons who are subject to
involuntary placement under the Baker Act.
Pursuant to Rule of Judicial Administration 2
Therefore, in order to provide for the
orderly appointment of expert witnesses and clarify the source of compensation
for various types of expert witnesses, it is
ORDERED:
1. When, on written motion of counsel for the defendant, a pro se defendant, the State Attorney, or on the court’s own motion, the court orders an adult competency evaluation pursuant to § 916.115(2), Florida Statutes, the court shall select and pay for the expert(s). When the court orders the adult competency evaluation pursuant to § 916.301, Florida Statutes, for a defendant whose suspected mental condition is retardation or autism, the court shall select and pay for one expert, and order the Agency for Persons with Disabilities to also examine the defendant.
2. When an expert is appointed by the court pursuant to § 916.115(2), Florida Statutes, to evaluate the competence of the defendant to proceed and the defense also requests that the defendant be examined for sanity at the time of the offense, the court will pay for that portion of the expert’s fees relating to the evaluation of competency to proceed at the rates established in Administrative Order 2004-051 PA/PI-CIR or any subsequent administrative order establishing professional fees. The expert’s fee for the sanity evaluation shall be paid by the defense.
3.(a) When experts are appointed by the court pursuant to § 921.137, Florida Statutes, and Florida Rule of Criminal Procedure 3.203(c)(3) to evaluate a defendant or prisoner to determine whether the defendant or prisoner is mentally retarded and barred from execution, the court shall select and pay for the experts.
(b) When
an expert is appointed pursuant to § 921
(c) When
an expert is otherwise appointed to determine a defendant’s or prisoner’s
mental retardation as a bar to execution, the court shall select and pay for
the expert(s)
4.(a) When an evaluation of a juvenile defendant is ordered pursuant to § 985.223(1)(c), Florida Statutes, to determine if the juvenile defendant is incompetent to proceed due to mental illness, the court will select and pay for the expert.
(b) When an evaluation of a juvenile defendant is
ordered pursuant to § 985
5
6
Procedure 3
7. Except when the court appoints the court
psychologist, whenever counsel for the defendant or the State Attorney requests
the appointment of an expert to determine competence to proceed or insanity,
that attorney shall prepare a form Order Directing Examination of Defendant’s
Mental Condition for the court’s signature.
The Order should be prepared and submitted to the court within five
days. The form Order for use in
8. Except where an expert is reappointed to do an examination or evaluation, the appointment of an expert by the court will be by rotation from the list of experts under contract with the Sixth Judicial Circuit.
9
10. Experts retained by the Public Defender pursuant to § 29.006, Florida Statutes, or by the State Attorney pursuant to § 29.005, Florida Statutes, shall be paid from the respective budgets of the Public Defender or the State Attorney. An expert retained by court-appointed counsel, by counsel for a defendant who is indigent for costs, or by a defendant who is indigent-for-costs shall, pursuant to § 29.007, Florida Statutes, be paid by the Justice Administrative Commission; prior court approval is required for such experts retained pursuant to § 29.007, Florida Statutes. If the State Attorney needs a court order of appointment to ensure that a State-retained expert has access to the defendant, the State Attorney shall pay for the expert notwithstanding paragraph 1. of this Administrative Order.
11. This Administrative Order does not restrict the ability of the court to otherwise appoint an expert pursuant to the Family Law Rules of Procedure, Florida Rules of Juvenile Procedure, or other Florida Rules of Court.
12
Administrative Order 2005-035 PA/PI-CIR is hereby
rescinded
DONE AND ORDERED in
Chambers at
___________________________________
David
A. Demers, Chief Judge
Encl: (1)
(2) Pinellas Order
Directing Examination of Defendant’s Mental Condition
cc: All
Judges
The
Honorable Bernie McCabe, State Attorney
The Honorable Bob Dillinger, Public Defender
The Honorable Ken Burke, Clerk of Court,
The Honorable Jed Pittman, Clerk of
Court,
Ms. Pauli Young, Forensic Unit, Agency for Persons with Disabilities
Carol Heath,
Director, Court Services Division, Pinellas County Clerk’s Office
Betty Henderson, Assistant Court
Services Director, Pasco County Clerk’s Office
Gay
Inskeep, Trial Courts Administrator
Kerry
L. Rice, Senior Deputy Courts Administrator,
Bar
Associations,
Law
Libraries,
IN THE CIRCUIT COURT, SIXTH JUDICIAL CIRCUIT
IN AND
REF NO: _____________________
UCN:_____________________________________
STATE OF
vs
____________________
SPN:
ORDER DIRECTING EXA
OF DEFENDANT’S
THIS CAUSE CO
□ Court’s own motion
□
□
□
in the above styled cause, to determine the mental condition of the defendant, and the court being otherwise fully advised, it is
ORDERED:
1. That
said motion is hereby granted
2
The Agency for Persons with Disabilities is appointed to examine the defendant because
the defendant’s suspected mental
condition is retardation or autism
As of this date, the defendant is:
_____ Not in Custody (Please contact defense counsel for scheduling)
_____ Residing in the Land O’ Lakes Detention Facility
_____ Residing in the New Port Richey Detention Facility
3
4
5
6
□
Competence
to Proceed (Fla
1. Appreciate the charges or allegations against him;
2. Appreciate the range and nature of possible penalties which may be imposed against him;
3. Understand the adversary nature of the legal process;
4. Disclose to his attorney facts pertinent to the proceedings at issue;
5.
6. Testify relevantly
□
Recommended
Treatment (Fla
1
2
mental retardation of the defendant and an explanation of each of
the possible treatment alternatives in order of choices;
3
treatment is available in the community; and
4
under the recommended treatment, an assessment of the
probable duration of the treatment required to restore
competence, and the probability that the defendant will
attain competence to proceed in the
foreseeable future
□
Defendant’s
sanity at the time of the alleged offense (
□
Aid for
sentencing – whether the defendant’s mental condition presents any factors
that may aid in sentencing the defendant
□
Aid for
sentencing (Capital Case) – If the State Attorney is seeking the imposition
of the death penalty against the defendant, the expert’s report shall include
any information that may have a bearing on statutory or non-statutory mental
mitigating circumstances
□
7
1. A list of the specific matters referred for evaluation;
2. A description of the evaluation procedure, techniques and tests used in the examination and purpose for each;
3. The expert’s clinical observations, findings, and opinions on each issue referred for evaluation by the Court, and specific identification of those issues which the expert could not give an opinion;
4.
An identification of the sources of information used by
the expert and a presentation of the factual basis for the expert’s clinical
findings and opinions
All information contained in the motion to determine
competency of the defendant or in any report submitted under this order,
insofar as the information relates solely to the issues of competency to
proceed or to commitment, shall be used only in determining the mental
competency to proceed or the commitment or other treatment of the defendant
8
9
□ Court Administration
Administrative Office of the Courts, Fiscal Office
7530 Little Road,
New Port
When a request
is made for an evaluation of the defendant to determine the defendant’s sanity
or as an aid for sentencing, the requesting party shall pay
□ When requested by the Public Defender:
Public Defender
□ When requested by Court appointed counsel, counsel for a defendant determined indigent for costs, or a pro se defendant who is indigent for cost:
□ When requested by the State Attorney:
State Attorney
□ When requested by the attorney for a Non-Indigent Defendant or by a
Non‑Indigent Pro Se Defendant:
_________________________________
_________________________________
Payment for evaluations to determine mental retardation as a
bar to execution shall be made by the court, except where the State Attorney
selects the expert under Fla
□ Court Administration
Administrative Office of the Courts, Fiscal Office
7530 Little Road,
New Port
□ When requested by the State Attorney:
State Attorney
DONE AND ORDERED in chambers at New Port Richey,
____________________________
CIRCUIT JUDGE
cc:
__________________________, Expert
__________________________, Counsel for the Defendant
__________________________, Entity Ordered to Pay
__________________________, Entity Ordered to Pay
IN THE CIRCUIT COURT, SIXTH JUDICIAL
CIRCUIT
IN AND
REF NO: _____________________
UCN:_____________________________________
STATE OF
vs
____________________
SPN:
ORDER DIRECTING EXA
OF DEFENDANT’S
THIS CAUSE CO
□ Court’s own motion
□
□
□
in the above styled cause, to determine the mental condition of the defendant, and the court being otherwise fully advised, it is
ORDERED:
2. That
said motion is hereby granted
2
The Agency for Persons with Disabilities is appointed to examine the defendant because
the defendant’s suspected mental
condition is retardation or autism
As of this date, the defendant is:
________Not in Custody (Please contact defense counsel for scheduling)
________In the Pinellas County Jail
3
4
5
□
Competence
to Proceed (Fla
1. Appreciate the charges or allegations against him;
2. Appreciate the range and nature of possible penalties which may be imposed against him;
3. Understand the adversary nature of the legal process;
4. Disclose to his attorney facts pertinent to the proceedings at issue;
5.
6. Testify relevantly
Recommended Treatment (Fla
1. The mental illness or mental retardation causing the incompetence;
2. The treatment or treatments appropriate for the mental illness or mental retardation of the defendant and an explanation of each of the possible treatment alternatives in order of choices;
3. The availability of acceptable treatment, including whether the treatment is available in the community;
4. The
likelihood of the defendant attaining competence under the recommended
treatment, an assessment of the probable duration of the treatment required to
restore competence, and the probability that the defendant will attain
competence to proceed in the foreseeable future
□
Defendant’s
sanity at the time of the alleged offense (
□
Aid for
sentencing – whether the defendant’s mental condition presents any factors
that may aid in sentencing the defendant
□
Aid for
sentencing (Capital Case) – If the State Attorney is seeking the imposition
of the death penalty against the defendant, the expert’s report shall include
any information which may have a bearing on statutory or non-statutory mental
mitigating circumstances
□
6
1. A list of the specific matters referred for evaluation;
2. A description of the evaluation procedure, techniques and tests used in the examination and purpose for each;
3. The expert’s clinical observations, findings, and opinions on each issue referred for evaluation by the Court, and specific identification of those issues which the expert could not give an opinion;
4.
An identification of the sources of information used by
the expert and a presentation of the factual basis for the expert’s clinical
findings and opinions
All information contained in the motion to determine
competency of the defendant or in any report submitted under this order,
insofar as the information relates solely to the issues of competency to proceed
or to commitment, shall be used only in determining the mental competency to
proceed or the commitment or other treatment of the defendant
7
8
□ Court Administration
Administrative Office of the Courts, Fiscal Office
When a request is made for an
evaluation of the defendant to determine the defendant’s sanity or as an aid
for sentencing, the requesting party shall pay
□ When requested by the Public Defender:
Public Defender
□
When requested by Court appointed counsel,
counsel for a defendant
determined indigent for costs, or a pro
se defendant who is indigent for cost:
□ When requested by the State Attorney:
State Attorney
□ When requested by the attorney for a Non-Indigent Defendant or by Non‑Indigent Pro Se Defendant:
_________________________________
_________________________________
Payment for evaluations to determine mental retardation as a
bar to execution shall be made by the court, except where the State Attorney
selects the expert under Fla
□ Court Administration
Administrative Office of the Courts, Fiscal Office
□ When requested by the State Attorney:
State Attorney
DONE AND ORDERED in chambers at
____________________________
CIRCUIT JUDGE
cc:
___________________, Expert
___________________, Counsel for the Defendant
___________________, Entity Ordered to Pay
___________________, Entity Ordered to Pay