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8 verbatim requirements on case management.
Eighth Judicial Circuit — DIVISION/CIRCUIT-WIDE - Criminal only. Practices change without notice; the court's own published text controls. Procedural information only; not legal advice.
• c. Transfers to County Court (1) When the State Attorney announces either a transfer or intent to transfer a case from felony to county criminal court, the Court will enter an order requiring the State Attorney’s Office to file an Amended Information within 48 hours. (2) The Court will order the defendant’s case to be placed on the First Appearance docket no more than three (3) business days from the date of the State Attorney’s announcement. If the State Attorney’s Office files the Amended Information in open court, the case can immediately be placed on the following day’s First Appearance docket. (3) This procedure will provide the defendant with an expeditious bond review and allow the C ourt to consider bond or pretrial release options on the reduced charge, which may be recommended by Court Services at First Appearance. 3. Motion Hearings Motion Hearings are reserved for considering evidentiary motions which have been scheduled through the Judicial Assistant of the presiding Judge in compliance with procedures established by the Judges of the criminal divisions. 4. Case Management Conference Case Management Conference is reserved for conducting case management, which entails, among other things, the setting of a trial status conference, pre -trial conference, and a trial date. 5. Pre-Trial Conference Pre-Trial Conference is reserved for the purpose o f determining whether a case is progressing as expected towards jury selection, as determined at case management conference. 6. Trial Status Conference Trial Status Conference is reserved for hearing unanticipated or emergency matters prior to Jury Selection or any other matters as approved by the Court. • 7. Division V: Felony Forensics Division V - Felony Forensics is reserved for those cases which have been transferred to Division V from an Alachua County felony division or from Alachua County Mental Health Court. 8. Division VII: Adult Felony Drug Court Division VII - Adult Felony Drug Court is reserved for those cases which have been transferred from a felony division. 9. Division VIII: Veterans Treatment Court Division VIII - Veterans Treatment Court is reserved for those cases which have been transferred from a felony or misdemeanor division. 10. Division IX: Mental Health Court Division IX - Mental Health Court is reserved for those cases which have been transferred from a felony or misdemeanor division. 11. Criminal Jury Selection Jury Selection is reserved for conducting jury selection and any other matters as approved by the Court. 12. Violation of Probation Violation of Probation (a.m.) is reserved for arraignments, case management, change of pleas, and dispositions in violation of probation and community control cases. Violation of Probation hearings (p.m.) are reserved for hearings/trials in violation of probation and community control cases and any other matters as approved by the Court. 13. Trial Trial is reserved for conducting trials and any other matters as approved by the Court. • B. Arraignment, Case Management, Pre-Trial, and Trial Status 1. Arraignment a. Special Arraignment 2. Not less than ten (10) days, but as soon thereafter as is reasonable after an information or indictment is filed under any other statute number, arraignment at criminal general will take place. The Clerk will provide notice of the arraignment to attorneys of record, pro se defendants, and the bonding agency. Case Management Conference a. Date Not more than twe nty-eight (28) days after the arraignment, if the case has not yet been disposed, the Court will conduct a case management conference. At the case management conference, a date for the trial status conference and the trial will be set. b. Responsibilities of State and Defense prior to case management After receipt of the Demand for Discovery, and in compliance with the Florida Rules of Criminal Procedure, the State must supply all discovery and police reports to the Defense, and both are encouraged to engage in plea discussions, pursuant to Rule 3.171(a), Florida Rules of Criminal Procedure. Both the State and Defense are expected to exercise diligence to complete enough discovery to be able to set a date for trial at the case management conference and be bound by the trial date set. c. Matters to present for consideration and discussion Attorneys for the State and the Defense will be prepared to present the following matters for consideration and discussion: (1) Status of discovery and the need for expedited discovery; (2) Status of plea discussions; (3) Anticipated time for trial; (4) Setting date for pre-trial conference and trial; and (5) Any other matters important to the progress and resolution of the case. • d. Requesting trial date beyond time standards, speedy trial period If the S tate or Defense, or both, request a trial date which, if set, would continue the case beyond the time standard of Rule 2.250(a), Florida Rules of Judicial Administration, the request must be made in compliance with Rule 3.190(f ), Florida Rules of Criminal Procedure and Rule 2.545(e), Florida Rules of Judicial Administration, and good grounds must be shown for delay of the case. e. Presence of Defendant Unless waived in writing, the defendant’s presence shall be required at all pretrial court events, pursuant t o Rule 3.180(a)(3) and Rule 3.220(o )(1), Florida Rules of Criminal Procedure. The undersigned Chief Judge finds good cause to require pro-se defendants without standby counsel to be present at all court events unless his or her presence is waived by the presiding Judge. f. Presence of Attorneys The attorneys for the State and Defense will be present at the case management conference, unless other arrangements have been approved by the presiding Judge. 3. Pre-Trial Conference At the pre -trial conference, a specific trial week or a date and time for trial may be confirmed. Attorneys for the State and Defense shall be present and will be prepared to present the following matters for consideration and discussion: i. Sentencing score under the guidelines and other sentencing matters, including the applicability of the habitual offender statutes, mandatory minimums, and departures; ii. The possibility of obtaining admissions of fact and of documents that will avoid unnecessary proof; and iii. Witnesses expected to be called for tri al and the availability and location of those witnesses. • shall provide copies of all transfer and discharge treatment summaries to the Court and Treatment Team members. BRADFORD AND LEVY COUNTIES Bradford County and Levy County Court Administration Designee. The Bradford County and Levy County Court Administration Designee is responsible for attending the treatment team meetings and staffing; performing case management tasks, as directed by the Court; and, serving as a liaison between team members. Forensic Specialty Coordinator/Forensic Specialist (Meridian) or Court-Approved Provider. Upon approval of a referral to Mental Health court by the State Attorney’s Office, the Forensic Specialty Coordinator, or designated treatment provider approved by the Court, shall submit a written mental health evaluation, or report, to the Court and the Treatment Team members. The evaluation shall indicate: (a) whether the defendant has a mental illness and/or developmental disability; and, (b) whether the defendant is willing to participate in Mental Health Court. Prior to or upon an individual’s acceptance into Mental Health Court, the Forensic Specialty Coordinator (Meridian) or Court-Approved Provider shall assist in the development of all treatment plans, Mental Health Court conditions, Mental Health Court completion plan, and Mental Health Court after-care/discharge plan for each participant’s compliance with court -imposed treatment conditions. Further, the Forensic Specialty Coordinator or Court-Approved Provider shall obtain all necessary releases of information from each participant which shall be filed in the court file and shall provide copies of all transfer and discharge treatment summaries to the Court and Treatment Team members. II. ELIGIBILITY A. Referrals to Mental Health Court may be made by: the Court; the State Attorney’s Office; defense counsel; Court Services; law enforcement; mental health providers; the Forensic Program Director at the jail; or, any other interested person. Participants for Mental Health Court program are selected from defendants diagnosed by a mental health expert with: (1) a mental illness, including but not limited to: Schizophrenia; Bi-Polar Disorder; Recurrent Major Depressive • AO 4.09 (v2) Page 3 Mental Health Court Effective: July ____, 2018 BRADFORD AND LEVY COUNTIES Bradford County and Levy County Court Administration Designee. The Bradford County and Levy County Court Administration Designee is responsible for attending the treatment team meetings and staffing; performing case management tasks, as directed by the Court; and, serving as a liaison between team members. Forensic Specialty Coordinator/Forensic Specialist (Meridian). Upon approval of a referral to Mental Health court by the State Attorney ’s Office, the Forensic Specialty Coordinator, or designated treatment provider approved by the Court, shall submit a written mental health evaluation, or report, to the Court. The evaluation shall indicate: (a) whether the defendant has a mental illness and/or developmental disability; and, (b) whether the defendant is willing to participate in Mental Health Court. Prior to or upon an individual’s acceptance into Mental Health Court, the Forensic Specialty Coordinator shall assist in the development of a n individualized treatment plan (i.e., Mental Health Court conditions, Mental Health Court completion plan, and Mental Health Court after -care/discharge plan) for that participant’s compliance with court - imposed treatment conditions. II. ELIGIBILITY A. Referrals to Mental Health Court may be made by: the Court; the State Attorney’s Office; defense counsel; Court Services; law enforcement; mental health providers; the Forensic Program Director at the jail; or, any other interested person. Participants for Mental Health Court program are selected from defendants diagnosed by a mental health expert with: (1) a mental illness, including but not limited to: Schizophrenia; Bi-Polar Disorder; Recurrent Major Depressive Disorder; Post-Traumatic Stress Disorder; or, other psychotic disorders of an unspecified nature; or, (2) a developmental disability as defined in section 393.063(12), Florida Statutes. B. If the defendant is determined to be ineligible for Mental Health Court, the Court will be notified and will enter an order to that effect. Defendants involved in the criminal justice system and charged with qualifying misdemeanors, criminal traffic offenses, and third -degree felonies may be considered. 12 • AO 4.10 (v2) Page 3 Alachua County Drug Court Effective: ___________, 2018 f. The following are required before a case can be transferred to Drug Court: i. The State has filed an Information. ii. Drug Court screening and eligibility have been determined. iii. The defendant has voluntarily agreed to enter Drug Court by reviewing and signing the Drug Court Covenant and Agreement (also known as the Drug Court contract). iv. The defendant has waived the right to a speedy trial. v. The defendant has reviewed and consented to the Drug Court protocol of sanctions. III. ALACHUA COUNTY PRE-TRIAL DIVERSION DRUG COURT a. Upon transfer to Pre-Trial Diversion Drug Court , the defendant shall be required to attend court hearings weekly or as set by the Drug Court Judge. The defendant must participate in continued assessment and treatment as determined by the Court and Treatment Team. The participant must provide voluntary and truthful information to the Drug Court Treatment Team and to all collaborating entities providing treatment of any type. b. The Drug Court program consists of three phases, with minimum periods of sobriety set before advancing to the next phase. Activities in each phase include compliance with an individualized treatment plan, submitting random urinalysis, and attending case management, group sessions and court appearances. As the participant progresses, and at the discretion of the Drug Court Team, the frequency of the required court appearances may be reduced. c. The Drug Court Judge will monitor the case while the defendant is enrolled in the Pre-Trial Diversion Drug Court program. Throughout a defendant’s participation in Drug Court, the Drug Court Judge shall consider the recommendations of the treatment team , the State Attorney, and attorney for the defendant. I f the defendant fails to comply with Drug Court requirements, the Drug Court Judge may order the defendant to continue in education and treatment, may impose sanctions pursuant to the Drug Court protocol, or may sign an order terminating the defendant’s participation in Drug Court. August 20 • AO 4.10 (v2) Page 5 Alachua County Drug Court Effective: ___________, 2018 f. If a defendant is on probation prior to consideration for Post-Plea Drug Court, any pending probationary supervision on other case(s) must be either tolled or terminated. g. Upon acceptance of the plea and negotiated disposition, the sentencing court will sign an order transferring the case to Drug Court under the Post-Plea Program. The Clerk of Court will place the case on the next available Drug Court docket. h. After entering the plea, the defendant will be required to report to Drug Court at the time and place noticed by the Court or Drug Court staff, attend court hearings, and participate in continued assessment and treatment as set by the Court and Treatment Team. The participant must provide voluntary and truthful information to the Court, Drug Court Treatment Team, and to all collaborating entities providing treatment of any type. Failure to comply with the Post-Plea Drug Court requirements may subject the defendant to sanctions or removal from the program, as determined by the plea agreement. i. Upon successful completion of the program, the defendant’s case will be returned to the assigned division judge’s case management docket for disposition, pursuant to the plea agreement. j. Upon removal from the Post-Plea Drug Court Program, the defendant ’s case will be returned to the assigned division judge’s case management docket for disposition, pursuant to the plea agreement. V. TRANSFERS a. A defendant charged outside of Alachua County may have their case transferred to the Alachua County Post -Plea Drug Court Program from another county or circuit, pursuant to section 910.035, Florida Statutes, upon agreement of the parties and acceptance by the Drug Court Judge. Pre-trial transfers will not be accepted. b. The authorized representative of the transferring county’s trial court will consult with the Department of Court Services Treatment Court Supervisor, Drug Court Officer, and the Specialty Court Manager for an initial eligibility determination. The Drug Court staff will notify the State Attorney’s Office of the transfer request. c. After an initial eligibility determination has been made, but prior to acceptance into the Program, the referring county must provide a copy of the proposed plea agreement. The plea agreement must: i. provide for the unconditional resolution of the defendant’s felony case in the event that the defendant either (a) successfully completes the Post - August 20
AO 4.01 (v4) Page 5 Circuit Court Criminal Division: Organization and Procedure Effective: January 4, 2016 c. Transfers to County Court (1) When the State Attorney announces either a tr ansfer or intent to transfer a case from felony to county criminal court, the Court will enter an order requiring the State Attorney’s Office to file an Amended Information within 48 hours. (2) The Court will order the defendant’s case to be placed on the Firs t Appearance docket no more than three (3) business days from the date of the State Attorney’s announcement. If the State Attorney’s Office files the Amended Information in open court, the case can immediately be placed on the following day’s First Appearance docket. (3) This procedure will provide the defendant with an expeditious bond review and allow the C ourt to consider bond or pretrial release options on the reduced charge, which may be recom
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6 verbatim requirements on case management in STEVEN P. DELUCA's division.
4 verbatim requirements on case management in LAUREN N. PEFFER's division.