Administrative Order Viewer

In the Twelth Judicial Circuit Court in and for
Desoto, Manatee and Sarasota Counties, Florida

Administrative Order: 2021–04.3

(Rescinds Administrative Order 2019–2.3)

Whereas, in order to better address the needs in our community and, consistent with the Florida Legislature’s intent as detailed in section 394.47892 of the Florida Statutes, the Twelfth Judicial Circuit has established a Mental Health Court in Sarasota in order to better “process [criminal defendants] in such a manner as to appropriately address the severity of the identified mental illness through treatment services tailored to the individual needs of the participant.”; and

Whereas, the specific goals of Mental Health Court are, through the use of evidence based practices, to improve public safety, improve the quality of life of the participants, pay restitution to victims and reduce recidivism all while decreasing the amount of incarceration; and

Whereas, it has become necessary to revise the criteria for the admission of defendants into Mental Health Court due to the agreements between the State Attorney, Public Defender, Court Administration, Chief Judge, Centerstone of Florida and the Sheriff of Sarasota County, as detailed in the Memorandum of Understanding dated July 2015 and the First Amendment to the Memorandum of Understanding dated April 2016^[1], the Mental Health and Substance Abuse legislation embodied in Senate Bill 12 (2016), the August 22, 2018, decision of the Board of County Commissioners of Sarasota County to expand Comprehensive Treatment Court to include low level felonies in its effort to reduce unnecessary incarceration as well as recent case law regarding eligibility^[2] ; and

Whereas, Sarasota’s Mental Health Court has received funding from the City of Sarasota, the City of Sarasota’s Downtown Improvement District, Sarasota County, the Charles and Margery Barancik Foundation, the Community Foundation of Sarasota and the Gulf Coast Community Foundation as well as grants from the Florida Department of Law Enforcement and the State of Florida; and

Whereas, due to recent caselaw and statutory revisions, it is necessary to rescind Administrative Order 2019-2.3 and enter this Administrative Order in its place.

Now, it is therefore ordered that:

1. The Twelfth Judicial Circuit has established a Mental Health Court. In Sarasota County, the Mental Health Court includes two programs, Health Care Court (“HCC”) and Comprehensive Treatment Court (“CTC”).
2. Centerstone is responsible for providing the services to the CTC and HCC participants as well as reporting to the Court. Centerstone provides many services itself and partners with community agencies/individuals for certain services.
3. In order to be eligible for Mental Health Court, a criminal defendant must be both clinically eligible and the criminal charge must be eligible in accordance with the governing statutes.^[3] A Centerstone licensed mental health professional conducts an evaluation of a defendant and advises the Court regarding clinical eligibility. The Court makes the ultimate decision regarding a defendant’s admission into Mental Health Court.
4. HCC is designed for criminal defendants who suffer from a mental illness and are capable of meaningfully engaging in outpatient treatment. It is post-adjudicative and diversionary for both misdemeanors and felonies. The regularly assigned division judge shall consider requests to enter into HCC.
5. CTC is designed for criminal defendants who suffer from a serious mental illness and whose basic needs cannot be met without support. CTC is diversionary for both misdemeanors and felonies. It is post-adjudicative for felonies only. Additionally, upon approval from the judge presiding over CTC, CTC is available as a resource for incompetent misdemeanor defendants through conditional release.^[4] The regularly assigned division judge shall consider requests to enter CTC subject to paragraph 6 below.
6. If a defendant is in custody and Centerstone has deemed that individual eligible for CTC, there is an expedited process to divert that individual from jail. As such, pursuant to the agreement of the State, the State is deemed to have already stipulated to defendants entering CTC and being released from jail if the defendant is charged with one or more of the following misdemeanors or city ordinances and is not already on probation and was not in prison within the preceding three years: resisting and officer without violence; false name to a law enforcement officer; public urination or defecation; false 911 call; false report to law enforcement; disorderly intoxication; disorderly conduct; trespass in a structure or conveyance (not at a private residence unless the residence is vacant); possession of marijuana; possession of spice; possession of paraphernalia; possession of alcohol by a minor; false fire alarm; open container; theft of food; lodging; pan handling; plant removal; and crimes related to being in a park after hours. The State’s stipulation, for purposes of expedited diversion from jail, is subject to later review and the State may withdraw the stipulation after first conferring with opposing counsel and then filing an Information and scheduling a bond hearing with the judge presiding over CTC. The Office of the Public Defender or other defense attorney shall forward all motions regarding admission of incarcerated defendants pursuant to this paragraph to the judge presiding over CTC.
7. Form motions, orders and program contracts are available on the Mental Health Court page of Twelfth Judicial Circuit’s website.
8. Pretrial Services shall work expeditiously with the defense attorneys, Centerstone, jail staff, the State Attorney’s office, and the Court to determine eligibility for those defendants in custody.
9. Time is of the essence in cases involving individuals with mental illnesses and especially where an incarcerated defendant is Mental Health Court eligible. Therefore, all parties shall work expeditiously in their role in order to realize the intent of the legislature and the goals of Mental Health Court.
10. Centerstone shall not use encrypted emails when communicating with the Court, Pretrial Services, the State Attorney or Defense Attorney.
11. Administrative Order 2019–2.3 is hereby rescinded.
12. This Administrative Order is effective immediately.

Done and ordered in Sarasota, Sarasota County, Florida, this 22^nd day of February, 2021.

Kimberly C. Bonner, Chief Judge

1. Both are on available on the Mental Health Court page of the Twelfth Judicial Circuit Court’s website, www.jud12.flcourts.org
2. See State v. Simeone, 276 So.3d 797 (Fla.4^th DCA 2019); Gincley v. State, 267 So.3d 444 (Fla. 4^th DCA 2019).
3. See §§ 394.47892, 948.01, 948.06, 948.08, and 948.16, Fla. Stat. (2020).
4. §§ 394.467 and 394.4655, Fla. Stat. (2020); Rules 3.211, 3.212 and 3.219, Fla. R. Crim. Pro. (2020).