IN THE CIRCUIT COURT OF THE TENTH JUDICIAL CIRCUIT

IN AND FOR POLK COUNTY, FLORIDA

WHEREAS, specialized courts can enhance the expediency, effectiveness, and quality of judicial administration; and

WHEREAS, in view of the nature of mental illness and developmental disability, it is in the public interest and in the interest of justice that a new strategy be implemented to address persons who are mentally ill or developmentally disabled, and who are arrested for nonviolent criminal offenses; and

WHEREAS, the Court, in the interest of justice, strives to balance the need for mentally ill and developmentally disabled defendants, who are qualified to participate in the Mental Health Court from jail into the mental health system without compromising the safety of the public;

It is, therefore, ORDERED:

1. Mental Health Court (MHC) shall be operational within the Polk County Court Criminal Division as a program for cases involving defendants who are suffering from mental illnesses or a developmental disability and who are arrested for misdemeanor offenses (except DUI) including violation of probation and criminal traffic offenses. A County Court Judge (MHC Judge), appointed by the Chief Judge, shall preside over MHC. MHC shall follow a pre-adjudicatory diversion model. See Section 948.08, Florida Statutes. Referrals to MHC may be made sua sponte by any Court, by Court Services, by the Polk County Jail, the State Attorney’s Office, the defense attorney, law enforcement, mental health providers, or any other interested person. Prior to the MHC Judge transferring the case to the MHC docket, the defendant must enter a written waiver of speedy trial, unless specifically objected to by defense counsel.

2. Upon approval by the MHC Judge, defendants who are charged with domestic violence or violation of injunction may be accepted into MHC after the consent of the alleged victim and the State Attorney, and with a written agreement by the defendant and the defendant’s attorney to participate in MHC. Defendants charged with simple battery may be admitted with the victim’s consent. MHC may also hear cases in which a defendant is charged with a violation of probation, upon approval by the judge of the criminal division to which the case is assigned.

3. Defendants who are accepted for participation in MHC, and who voluntarily agree to participate in the MHC, shall, at the discretion of the State Attorney, enter into a Deferred Prosecution Agreement, unless charged with a violation of probation. Additionally, the MHC Judge will enter an order transferring the defendant’s case(s) into MHC as a court event.

4. Defendants accepted into MHC will attend weekly court hearings as ordered by the MHC Judge, based on each defendant’s needs. After the defendant’s acceptance into MHC, the defendant will participate in continued assessment and treatment and engage in discharge planning. The defendant’s participation will end upon successful completion of the discharge plan. The charges will be then dismissed by the State Attorney or the violation of probation will be dismissed by the MHC Judge.

5. The criterion for admittance into MHC requires diagnosis by a mental health expert of (1) a current Axis I mental illness, as set forth by the Diagnostic and Statistical Manual IV-Tr, including schizophrenia, bipolar disorder, major depressive disorders, or post-traumatic stress disorder, or other psychotic disorders of an unspecified nature or (2) a developmental disability as defined in section 393.063 (10), Florida Statutes, including mental retardation and autism.

6. Upon a defendant’s diagnosis of (1) a current Axis I mental illness or (2) developmental disability, by a mental expert, and the assigned Judge’s determination that the defendant is mentally ill or developmentally disabled, and after approval of the parties as set forth above, the MHC Judge shall enter an order transferring the case to MHC. The clerk shall place the case or cases, including any traffic criminal cases involving the defendant, on the MHC docket.

7. The case shall be transferred back to the original criminal division if a defendant fails, for any reason, to successfully participate and complete MHC, and the defendant’s right to a speedy trial and formal discovery may be reinstated upon written demand.

8. The public is entitled to access to judicial records; however, patient treatment records are an exception to this rule and are deemed confidential by Florida law pursuant to Sections 395.3025(7) and 393.13 Florida Statutes. In the event a treatment record or report is placed in the court file of a MHC participant, the MHC Judge will determine whether such report is a confidential patient record exempt from public access under Florida law. If the MHC Judge finds the record exempt, the records will be sealed. Access to the sealed document will be limited to those persons authorized under Sections 395.3025 and 393.13 Florida Statutes or by court order.

9. This Order shall go into effect upon entry.

DONE AND ORDERED on this 26^th day of September, 2007.

J. David Langford

Chief Judge