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21 verbatim requirements from administrative order 2017-03 - Order Governing Mental Health Court, Ninth Judicial Circuit.
9th Judicial Circuit. Procedural information only; not legal advice.
Verbatim from https://ninthcircuit.org/sites/default/files/2017-03%20-%20Order%20Governing%20Mental%20Health%20Court.pdf, harvested 2026-07-25; whitespace normalised only. • WHEREAS, pursuant to the chief judge’s constitutional and statutory responsibility for administrative supervision of the courts within the circuit and to create and maintain an organization capable of effecting the efficient, prompt, and proper administration of justice for the citizens of this State, the chief judge is required to exercise direction, see Fla. • In order to participate, the defendant must waive their right to a speedy trial prior to being court ordered in to MHC. • If speedy trial has not been waived prior to a defendant’s initial status review date in MHC, execution of a MHC agreement shall serve as a waiver of speedy trial. • To initiate the referral, the referring entity must complete a MHC referral form and submit the referral form to the Program Office. • After receipt of a referral form, the Program Office shall confirm with defense counsel that they would like the case considered for MHC if the referral came from another interested party. • The Program Office shall screen referrals for program eligibility based on the criteria set forth in this Administrative Order. • After screening, the referral package shall be forwarded to the State Attorney’s office to include the referral form, documentation from a mental health professional that the defendant suffers from a mental illness as defined in section 394.455(28), Florida Statutes, and a copy of the proposed treatment plan. a. • Upon receipt of the referral package, the State Attorney’s office shall determine whether the defendant is eligible to participate in MHC, shall indicate this information on the referral form, and shall forward the referral form back to the Program Office. -- 4 of 9 -- • A copy of the final completed referral form shall also be forwarded to the assigned trial judge, defense counsel and the State Attorney’s Office. • At the defendant’s first court date, if the defendant is approved for the diversion track of the MHC program, the defendant shall sign the MHC agreement as agreed to by the • If the defendant is approved for the post adjudicatory track of the MHC program, the defendant shall enter a plea and shall sign the MHC agreement and be entered into the MHC program as a condition of probation or community control pursuant to section 948.01(8)(a), Florida Statutes. • If the defendant in any track elects not to participate in MHC at their first MHC date, then the case shall be returned to the original trial subdivision. -- 5 of 9 -- • MHC shall hear cases involving defendants arrested for misdemeanors or felonies who: a. • Have documented access to housing, medication and follow-up care in the community either through MHPTR or a provider in the community that must be adequately documented prior to admission in to MHC in a treatment plan. d. • Do not have any current charges or prior convictions of any forcible felonies as defined by section 776.08, Florida Statutes, except aggravated assault; f. • The offender must meet the following qualifications to be considered for the diversion track of the MHC program: -- 6 of 9 -- • Upon successful completion of the MHC program diversion track the State Attorney shall issue a nolle prossequi on the case. • The offender must meet the following qualifications for the post adjudicatory track of the MHC program: • Entry into a post-adjudicatory MHC program as a condition of probation must be based upon the MHC’s assessment of the defendant’s criminal history, mental health screening outcome, amenability to the services of the program, and total sentence points; the recommendation of the state attorney and the victim, if any; and the defendant’s agreement to enter the program. • A defendant who is sentenced to a post-adjudicatory MHC program who, while a MHC program participant, is the subject of a violation of probation or community control under section 948.06, Florida Statutes, shall have the violation heard by the judge presiding over the MHC program. • After a hearing on, or admission of the violation, the judge shall dispose of any such violation as he or she deems appropriate. -- 8 of 9 --
WHEREAS, pursuant to the chief judge’s constitutional and statutory responsibility for administrative supervision of the courts within the circuit and to create and maintain an organization capable of effecting the efficient, prompt, and proper administration of justice for the citizens of this State, the chief judge is required to exercise direction, see Fla.
Reviewer note: Order PDF sha256: d4319d5497564a23c7b43a73718f7153029523c76ac55dfd97ddad143d86e396. Extracted from the order's own text layer.
Judge Bell caps motions and responses at 5 pages for UMC hearings and 12 pages for special-set hearings.
Judge Alijewicz requires every motion for attorney's fees and/or costs to attach a document detailing time records — no records, no fee award.
Judge Corlew bars informal contact: every communication with the Court must be in writing, filed with the Clerk, with copies furnished to all parties — and no calls to the JA to schedule or cancel UMC.