See All 2026 Bills that Cite Sections in this Chapter
Quick Links
- General Laws Conversion Table (2025) [PDF]
- Florida Statutes Definitions Index (2025) [PDF]
- Table of Section Changes (2025) [PDF]
- Preface to the Florida Statutes (2025) [PDF]
- Table Tracing Session Laws to Florida Statutes (2025) [PDF]
- Index to Special and Local Laws (1971-2025) [PDF]
- Index to Special and Local Laws (1845-1970) [PDF]
- Statute Search Tips
2025 Florida Statutes
MENTALLY ILL AND INTELLECTUALLY DISABLED DEFENDANTS
ILL
OR AUTISTIC
The hearing shall be as convenient to the client as may be consistent with orderly procedure and shall be conducted in physical settings not likely to be injurious to the client’s condition. The court may appoint a general or special magistrate to preside at the hearing. The client or the client’s guardian, and the representative, shall be provided with a copy of the petition and the date, time, and location of the hearing. The client has the right to have an attorney represent him or her at the hearing, and, if the client is indigent, the court shall appoint the office of the public defender to represent the client at the hearing. The client may testify or not, as he or she chooses, and has the right to cross-examine witnesses and may present his or her own witnesses.
WHO ARE MENTALLY ILL
In addition, an examining expert shall consider and include in his or her report any other factor deemed relevant by the expert.
The examining expert’s report to the court shall include a full and detailed explanation regarding why the alternative treatment options referenced in the evaluation are insufficient to meet the needs of the defendant.
Before issuing a commitment order, the court shall review the examining expert’s report to ensure alternative treatment options have been fully considered and found insufficient to meet the needs of the defendant.
If the assessment under this paragraph results in an outpatient treatment plan, and the defendant has not already been released, the defendant may be released on his or her own recognizance on the condition that all treatment recommendations must be followed. The state attorney and the defense attorney must have an opportunity to be heard before the court releases the defendant.
The state attorney has the sole discretion to determine a defendant’s eligibility for the pretrial felony mental health diversion program. Meeting the criteria in this subsection does not guarantee eligibility. Additionally, the state attorney may, in extenuating circumstances, waive the criteria in this subsection if he or she finds that it is in the interest of justice.
If the assessment under this subsection results in an outpatient treatment plan, and the defendant has not already been released, the defendant may be released on his or her own recognizance on the condition that all treatment recommendations be followed.
In its order of conditional release, the court shall specify the conditions of release based upon the release plan and shall direct the appropriate agencies or persons to submit periodic reports to the court regarding the defendant’s compliance with the conditions of the release and progress in treatment, with copies to all parties.
INTELLECTUALLY DISABLED OR AUTISTIC
In addition, an examining expert shall consider and include in his or her report any other factor deemed relevant by the expert.
In its order of conditional release, the court shall specify the conditions of release based upon the release plan and shall direct the appropriate agencies or persons to submit periodic reports to the courts regarding the defendant’s compliance with the conditions of the release and progress in training, with copies to all parties.